Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 1 of 124 Infrastructure Topic Topicality 1 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 2 of 124 Infrastructure Topic ***Resolved*** 2 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 3 of 124 Infrastructure Topic Resolved – Determined/Fixed Resolved means determined, explained or answered Hyperdic.net, http://www.hyperdic.net/dic/r/resolved.shtml (BLUEOC 0001) Determined. Explained or answered. Resolved means settled or fixed OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989, p. http://dictionary.oed.com/. (DRGCL/A1) resolved, ppl. a. 1. Of persons: Determined, decided, settled in purpose. Also const. with inf., that, etc. 1520 HEN. VIII in Lett. Kings Eng. (Halliw.) I. 246 Whereunto..none of our..ancestors were ever so..determinate resolved as we be at this time. 1560 J. DAUS tr. Sleidane's Comm. 6 He was fully resolved to stire up no further disputation. 1611 BIBLE Luke xvi. 4, I am resolued what to doe. 1687 T. BROWN Saints in Uproar Wks. 1730 I. 83, I am resolved to undeceive mankind. 1737 BERINGTON Mem. G. de Lucca (1738) 51 These Considerations made me as good as resolv'd to go along with him. 1760-2 GOLDSM. Cit. W. xxvii, He was resolved they should have learning. 1819 SHELLEY Cenci III. i. 341 That word parricide, Although I am resolved, haunts me like fear. 1847 C. BRONTË J. Eyre xxxv, He was in deep earnest, wrestling with God, and resolved on a conquest. b. Const. with for, against, from, of (= on). 1582 T. WATSON Cent. of Love xcvi, I liue secure,.. Fully resolu'd from louing any more. 1639 FULLER Holy War IV. xvii. 198 About this time many thousands of the English were resolved for the Holy warre. 1641 W. MOUNTAGU in Buccleuch MSS. (Hist. MSS. Comm.) I. 289 The Temple is resolved of a Christmas. 1659 HAMMOND On Ps. 610 My enemies are maliciously resolved against me. 2. Convinced, satisfied. Obs. 1577 WHETSTONE Gascoigne ii, Yet trust me frends.., I am resolu'd, I neuer liu'd til now. 1595 RALEIGH Discov. Guiana (1887) 106 For mine own part I am resolved it is true. 1608 MIDDLETON Trick to catch Old One III. i, Since you are so well resolved of my faith toward you. 1719 D'URFEY Pills (1872) III. 97 Being well resolved that none Could see her Nakedness. 3. a. Of the mind, etc.: Freed from doubt or uncertainty; fixed, settled. Obs. 1497 Lett. Rich. III & Hen. VII (Rolls) I. 110 Our fynal and resolved mynde is that ye obteyne al thes articles comprised in the second parte. 1578 BANISTER Hist. Man v. 82 To passe this point with a cleare resolued mynde. 1643 SIR T. BROWNE Relig. Med. I. §3, I could never perceive..that a resolved conscience may not adore her Creator anywhere. 1660 N. INGELO Bentiv. & Ur. II. (1682) 76 It is difficult to suppose that he hath any resolved thoughts concerning God. b. Of actions, states of mind, etc.: Fully determined upon, deliberate. 1595 SHAKES. John II. i. 585 From a resolu'd and honourable warre, To a most base and vile-concluded peace. 1638 A. READ Chirurg. xxxi. 230 A doubtfull hope is better than a resolved despaire. 1694 KETTLEWELL Comp. for Penitent 92 Confess them to him with a resolved aversion: being resolved in heart to forsake all. a1716 SOUTH Serm. (1744) X. 185 A settled, constant, resolved living in sin. 1890 ‘R. BOLDREWOOD’ Miner's Right (1899) 13/1 A great and often resolved scheme. c. Deliberately adopted or accepted. Obs. 1659 RUSHW. Hist. Coll. I. 176 They shew that some of the Opinions which offended many, were no other then the resolved Doctrine of this Church. d. That has been decided on. 1748 RICHARDSON Clarissa (1811) VIII. 273 Not a resolved-on case. 4. Of persons, the mind, etc.: Characterized by determination or firmness of purpose; resolute. 1586 MARLOWE 1st Pt. Tamburl. I. ii, What strong enchantments tice my yielding soul To these resolved, noble Scythians. 1612 DRAYTON Poly-olb. viii. 272 Brave Voadicia made with her resolued'st men To Virolam. 1681 H. MORE Postscr. to Glanvill's Sadducismus (1726) 17 Of whom he is sworn Advocate and resolved Patron, right or wrong. 1749 FIELDING Tom Jones XVI. iv, Here stands your resolved daughter. 1816 SCOTT Antiq. i, The hat pulled over his resolved brows. 1856 FROUDE Hist. Eng. (1858) I. iii. 207 Men of..broad resolved temper. Comb. 1890 ‘R. BOLDREWOOD’ Col. Reformer (1891) 202 A subdued, bronzed, resolved-looking man. 3 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 4 of 124 Infrastructure Topic Resolved – Formal Vote Required Resolved means to express by formal vote Webster’s Revised Unabridged dictionary, 1998 (dictionary.com) (HARVAF3776) Resolved: 5. To express, as an opinion or determination, by resolution and vote; to declare or decide by a formal vote; -- followed by a clause; as, the house resolved (or, it was resolved by the house) that no money should be appropriated (or, to appropriate no money). 4 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 5 of 124 Infrastructure Topic ***The*** 5 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 6 of 124 Infrastructure Topic The -- Definite The is definite MERRIAM-WEBSTER, Online Dictionary, 2004, p. http://www.m-w.com/cgibin/dictionary?book=Dictionary&va=The&x=15&y=18. (DRGCL/A3) Main Entry: 1the Pronunciation: before consonants usually [th]&, before vowels usually [th]E, esp Southern before vowels also [th]&; for emphasis before titles and names or to suggest uniqueness often '[th]E Function: definite article Etymology: Middle English, from Old English thE, masc. demonstrative pronoun & definite article, alteration (influenced by oblique cases -- as thæs, genitive -- & neuter, thæt) of sE; akin to Greek ho, masculine demonstrative pronoun & definite article -- more at THAT 1 a -- used as a function word to indicate that a following noun or noun equivalent is definite or has been previously specified by context or by circumstance <put the cat out> b -- used as a function word to indicate that a following noun or noun equivalent is a unique or a particular member of its class <the President> <the Lord> c -- used as a function word before nouns that designate natural phenomena or points of the compass <the night is cold> d -- used as a function word before a noun denoting time to indicate reference to what is present or immediate or is under consideration <in the future> e -- used as a function word before names of some parts of the body or of the clothing as an equivalent of a possessive adjective <how's the arm today> f -- used as a function word before the name of a branch of human endeavor or proficiency <the law> g -- used as a function word in prepositional phrases to indicate that the noun in the phrase serves as a basis for computation <sold by the dozen> h -- used as a function word before a proper name (as of a ship or a well-known building) <the Mayflower> i -- used as a function word before the plural form of a numeral that is a multiple of ten to denote a particular decade of a century or of a person's life <life in the twenties> j -- used as a function word before the name of a commodity or any familiar appurtenance of daily life to indicate reference to the individual thing, part, or supply thought of as at hand <talked on the telephone> k -- used as a function word to designate one of a class as the best, most typical, best known, or most worth singling out <this is the life> <the Pill> -- sometimes used before a personal name to denote the most prominent bearer of that name 2 a (1) -- used as a function word with a noun modified by an adjective or by an attributive noun to limit the application of the modified noun to that specified by the adjective or by the attributive noun <the right answer> <Peter the Great> (2) -- used as a function word before an absolute adjective or an ordinal number <nothing but the best> <due on the first> b (1) -- used as a function word before a noun to limit its application to that specified by a succeeding element in the sentence <the poet Wordsworth> <the days of our youth> <didn't have the time to write> (2) -- used as a function word after a person's name to indicate a characteristic trait or notorious activity specified by the succeeding noun <Jack the Ripper> 3 a -used as a function word before a singular noun to indicate that the noun is to be understood generically <the dog is a domestic animal> b -- used as a function word before a singular substantivized adjective to indicate an abstract idea <an essay on the sublime> 4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole <the elite> 6 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 7 of 124 Infrastructure Topic The -- Specific “The” denotes specificity American Heritage Dictionary of the English Language, 2000 (dictionary.com) (HARVAF3777) the Used before singular or plural nouns and noun phrases that denote particular, specified persons or things: the baby; the dress I wore. Used before a noun, and generally stressed, to emphasize one of a group or type as the most outstanding or prominent: considered Lake Shore Drive to be the neighborhood to live in these days. Used to indicate uniqueness: the Prince of Wales; the moon. Used before nouns that designate natural phenomena or points of the compass: the weather; a wind from the south. Used as the equivalent of a possessive adjective before names of some parts of the body: grab him by the neck; an infection of the hand. Used before a noun specifying a field of endeavor: the law; the film industry; the stage. Used before a proper name, as of a monument or ship: the Alamo; the Titanic. Used before the plural form of a numeral denoting a specific decade of a century or of a life span: rural life in the Thirties. 7 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 8 of 124 Infrastructure Topic The – All Parts ‘The’ means all parts. Merriam-Webster's Online Collegiate Dictionary, No Date, http://www.m-w.com/cgi-bin/dictionary (HARVAF3778) 4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole <the elite> 8 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 9 of 124 Infrastructure Topic The – Unique/One ‘The’ means unique, as in there is one usfg Merriam-Webster's Online Collegiate Dictionary, no date, http://www.m-w.com/cgibin/dictionary (HARVAF3779) b -- used as a function word to indicate that a following noun or noun equivalent is a unique or a particular member of its class <the President> <the Lord> “The” denotes a specific, unique object. American Heritage Dictionary of the English Language, 2000 (dictionary.com) (PDNS3483) the Used before singular or plural nouns and noun phrases that denote particular, specified persons or things: the baby; the dress I wore. Used before a noun, and generally stressed, to emphasize one of a group or type as the most outstanding or prominent: considered Lake Shore Drive to be the neighborhood to live in these days. Used to indicate uniqueness: the Prince of Wales; the moon. Used before nouns that designate natural phenomena or points of the compass: the weather; a wind from the south. Used as the equivalent of a possessive adjective before names of some parts of the body: grab him by the neck; an infection of the hand. Used before a noun specifying a field of endeavor: the law; the film industry; the stage. Used before a proper name, as of a monument or ship: the Alamo; the Titanic. Used before the plural form of a numeral denoting a specific decade of a century or of a life span: rural life in the Thirties. 9 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 10 of 124 Infrastructure Topic ***Government/USFG*** 10 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 11 of 124 Infrastructure Topic Government -- Central Government Is the central government PRINCETON UNIVERSITY WORDNET, 1997, p. http://www.dictionary.com/search?q=federal%20government. (DRG/UNA3) federal government. n: a government with strong central powers. Central government rather than the states WEBSTER'S NEW INTERNATIONAL DICTIONARY OF THE ENGLISH LANGUAGE, UNABRIDGED, 1976, p. 833. (MHHAR7002) United: Of or relating to the central government of a nation, having the character of a federation as distinguished from the governments of the constituent united (as states or provinces). Federal government in Washington, d.c. WEST'S LEGAL THESAURUS/DICTIONARY, 1985, p. 744. (MHHAR7000) United States: Usually means the federal government centered in Washington, D.C. United States federal government” is the central government in D.C. ENCARTA WORLD ONLINE ENCYCLOPEDIA, 2006, p. http://encarta.msn.com/encyclopedia_1741500781/United_States_(Government).html (PDNS3486) United States Government, the combination of federal, state, and local laws, bodies, and agencies that is responsible for carrying out the operations of the United States. The federal government of the United States is centered in Washington, D.C. 11 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 12 of 124 Infrastructure Topic Federal Government – All Three Branches Government includes all three branches Shafritz 88 – 1988 (The Dorsey Dictionary of American Government and Politics, p. 249) Government is the formal institutions and process through which binding decisions are made for a society. Henry David Thoreau (1817-1862) wrote in Civil Disobedience (1849) that “that government is the best which governs least”. This statement is often attributed to Thomas Jefferson but while it certainly reflects his philosophic sentiments, it has never been found in any of Jefferson’s writings . 2 The apparatus of the state, consisting of executive, legislative, and judicial branches. 3 A political entity that has taxing authority and jurisdiction over a defined geographic area for some specified purpose, such as fire protection or schools. 4 The indiciduals who temporarily control the institutions of a state or subnational jurisdiction. 5 The United States government, especially as in “the government”. The United States government refers to the three branches of the federal government WordNet, Princeton University, 2003, p. http://dictionary.reference.com/search?q=us%20government (PDNS3487) U.S. government n : the executive and legislative and judicial branches of the federal government of the United States [syn: United States government, United States, U.S. government, US Government, U.S.] The United States federal government is the three branches Answers Corporation (the world’s greatest encyclodicationalmanacapedia) date of access: June 26, 2006 http://www.answers.com/topic/united-states (PDNSS4700) The government of the United States is that of a federal republic set up by the Constitution of the United States, adopted by the Constitutional Convention of 1787. There is a division of powers between the federal government and the state governments. The federal government consists of three branches: the executive, the legislative, and the judicial. The executive power is vested in the President and, in the event of the President's incapacity, the Vice President. (For a chronological list of all the presidents and vice presidents of the United States, including their terms in office and political parties, see the table entitled Presidents of the United States.) The executive conducts the administrative business of the nation with the aid of a cabinet composed of the Attorney General and the Secretaries of the Departments of State; Treasury; Defense; Interior; Agriculture; Commerce; Labor; Health and Human Services; Education; Housing and Urban Development; Transportation; Energy; and Veterans' Affairs. 12 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 13 of 124 Infrastructure Topic Federal Government – All Three Branches USFG is legislative, executive and judicial branch Wikipedia Online Encyclopedia, http://www.wikipedia.org/wiki/United+States+federal+government (BLUEOC 0002) The government of the United States, established by the Constitution, is a federal republic of 50 states. The national government consists of the executive, legislative, and judicial branches. The head of the executive branch is the President of the United States of America. The legislative branch consists of the United States Congress, while the United States Supreme Court is the head of the judicial branch. Government includes all three branches of government. Political Science Dictionary 73 – 1973 (Dryden Press, Illinois, p. 174) Government is the political and administrative hierarchy of an organized state. Governments exercise legislative, executive, and judicial functions; the nature of the governmental system is determined by the distribution of these powers. Government may take many forms, but it must be sufficiently powerful and stable to command obedience and maintain order. A government’s position also depends on its acceptance by the community of nations through its diplomatic recognition by other states. 13 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 14 of 124 Infrastructure Topic Federal Government – Includes the States Includes the states BLACK'S LAW DICTIONARY, 1969, p. 461. (DRG/UNA2) The government of a community of independent and sovereign states, united by compact. Federal government includes states BLACK'S LAW DICTIONARY, 1969, p. 461. (MHDRG/A7) federal government. The government of a community of independent and sovereign states, united by compact. Federal government includes states BLACK'S LAW DICTIONARY, 1990, p. 611. (MHDRG/A8) federal government. The system of government administered in a nation formed by the union or confederation of several independent states. 14 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 15 of 124 Infrastructure Topic Federal Government -- United States government Federal government is the United States government BALLENTINE'S LAW DICTIONARY, 1969, p. 461. (MHHAR7001) Federal Government: The government of the United States. 15 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 16 of 124 Infrastructure Topic Federal Government – Includes Individual Agencies Individual agency actions are still considered “federal government” actions WORDS AND PHRASES, 2004, Cummulative Supplementary Pamphlet, v. 16A, p. 42 (PDNS3485) N.D.Ga. 1986. Action against the Postal Service, although an independent establishment of the executive branch of the federal government, is an action against the “Federal Government” for purposes of rule that plaintiff in action against government has right to jury trial only where right is one of terms of government’s consent to be sued; declining to follow Algernon Blair Industrial Contractors, Inc. v. Tennessee Valley Authority, 552 F.Supp. 972 (M.D.Ala.). 39 U.S.C.A. 201; U.S.C.A. Const.Amend. 7.—Griffin v. U.S. Postal Service, 635 F.Supp. 190.—Jury 12(1.2). 16 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 17 of 124 Infrastructure Topic Federal Government – Confederation of States Confederation of States BLACK'S LAW DICTIONARY, 1990, p. 611. (MHHAR7004) Federal Government: The system of government administered in a nation formed by the union or confederation of several independent states. 17 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 18 of 124 Infrastructure Topic Federal Government – Interstate Compacts Interstate compacts BALLENTINE'S LAW DICTIONARY, 1969, p. 461. (MHHAR7005) Federal Government: The government of a community of independent and sovereign states, united by compact. 18 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 19 of 124 Infrastructure Topic ***Should*** 19 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 20 of 124 Infrastructure Topic Should -- Obligation Should is a duty or obligation Webster's II, 1984, p. 1078 (BLUEOC 0003) Should is used to express duty or obligation Should is an expectation or probability Webster's II, 1984, p. 1078 (BLUEOC 0004) Should is used to express probability or expectation Obligation or duty WEBSTER’S NEW WORLD COLLEGE DICTIONARY THIRD EDITION, 1996, p. 1242. (DRG/UNA7) Should. 2. used to express obligation, duty, propriety, or desirability [you should ask first, the plants should be watered weekly]. Should is equal to obligation WORDS AND PHRASES 1953, Vol. 39, p. 313. (DRGOC/A2) The word “should”, denotes an obligation in various degrees, usually milder than ought Baldassarre v. West Oregon Lumber Co., 239 p.2d 839, 842, 198 Or. 556. Should expresses obligation and desirability WEBSTER’S NEW WORLD COLLEGE DICTIONARY, 1999, p. 1327 (PDNS3491) Should v. aux. [[ME scholde < OE sceolde, pt. of sceal, scal, I am obliged: see shall]] 1 pt. of SHALL [I had hoped I should see you] 2. Used to express obligation, duty, propriety, or desirability [you should ask first, the plants should be watered weekly] 3 Used to express expectation or probability [he should be here soon, I should know by tomorrow] 4 Used to express a future condition [if I should die tomorrow, if you should be late] 5 used in polite or tentative expression or opinion [I should think they will be pleased] See usage note at will2 20 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 21 of 124 Infrastructure Topic Should -- Mandatory Should implies mandatory action WORDS AND PHRASES 1953, Vol. 39, p. 312. (DRGOC/A3) Command implied. The word “should,” as used in Laws 1901, p. 387, c 106, 3, providing that, on proof of certain facts to the county court, it shall be determined whether territory should be disconnected from a city, does not authorize the court to do as it pleases; the statute is mandatory. “Should” is used to express actions MERRIAM-WEBSTER, 2002, p. http://www.m-w.com/cgi-bin/dictionary (PDNS3492) 1. Used to express obligation or duty: You should send her a note. 2. Used to express probability or expectation: They should arrive at noon. 3. Used to express conditionality or contingency: If she should fall, then so would I. 4. Used to moderate the directness or bluntness of a statement: I should think he would like to go. 21 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 22 of 124 Infrastructure Topic Should -- Likely Should means likely Webster's New World Dictionary, 1982, p. 934 (BLUEOC 0005) Should means is likely to happen Should describes what is probable Compact Oxford English Dictionary, 07, (http://www.askoxford.com/concise_oed/should?view=uk) (HARVAF3780) should - modal verb (3rd sing. should) 1 used to indicate obligation, duty, or correctness. 2 used to indicate what is probable. 3 formal expressing the conditional mood. 4 used in a clause with ‘that’ after a main clause describing feelings. 5 used in a clause with ‘that’ expressing purpose. 6 (in the first person) expressing a polite request or acceptance. 7 (in the first person) expressing a conjecture or hope. Should is used to express probability or expectation WEBSTER'S II, 1984, p. 1078 (MHBLUE0042) Should - used to express probability or expectation. They should arrive here soon. Should means is likely to happen WEBSTER'S NEW WORLD DICTIONARY, 1982, p. 934 (MHBLUE0043) Should - means is likely to happen. 22 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 23 of 124 Infrastructure Topic Should – Past Tense Should refers to past action WEBSTER'S NEW WORLD DICTIONARY, 1982, p. 934 (MHBLUE0044) Should - refers to past action. To make statements about something that might have happened but did not. Past tense shall refers to the present OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989 http://dictionary.oed.com shall, v. 17. (DRGCL/A21) In questions introduced by who, whom, what, and followed by but, serving to express the unexpectedness of some past occurrence. The past tense should with modal function. As with other auxiliaries, the pa. tense (orig. subjunctive) of shall is often used to express, not a reference to past time, but a modal qualification of the notion expressed by the present tense. Where in addition the notion of past time is to be expressed, this can often be effected by the use of the perf. instead of the pres. inf. (though sometimes this produces ambiguity); the temporal notion may however be merely contextually implied, and in that case the pa. tense has the appearance of having both functions (temporal and modal) at once. 18. a. In statements of duty, obligation, or propriety (originally, as applicable to hypothetical conditions not regarded as real). Also, in statements of expectation, likelihood, prediction, etc. This conditional form of expression was from an early period substituted for the unconditional shall in sense 2, and in mod.Eng. the pres. tense in this use is obs., and should = ought to. ¶with omission of have in perf. inf. b. should be: ought according to appearances to be, presumably is. Also, ought according to expectation to be, presumably will be (cf. sense 18a). c. you should hear, see = I wish you could hear, if only you could hear, etc. d. Used ironically, expressing the inappropriateness or unlikeliness of the action advocated or state envisaged, as I should worry, there is no reason for me to worry, I am not worried. colloq. (orig. a Yiddishism). 19. In the apodosis of a hypothetical proposition (expressed or implied), indicating that the supposition, and therefore its consequence, is unreal. a. Where shall (in sense 5, 6, 7, 8, or 9) would be used if the hypothesis were accepted. interrogatively. 1834 K. H. DIGBY Mores Cath. V. iii. 84 But where should one finish if one were to speak of the ‘lauda Sion’ [etc.]. Should is the past tense of shall OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989, p. http://dictionary.oed.com/ (DRGCL/A28) Should pa. tense of SHALL v.; obs. f. SHOAL. 23 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 24 of 124 Infrastructure Topic Should -- Future Future DICTIONARY.COM, no date, p. http://dictionary.reference.com/search?q=should. (DRG/UNA8) Used before a verb in the infinitive to show: a. Something that will take place or exist in the future: We shall arrive b. tomorrow. Should is not exclusively in the past tense WORDS & PHRASES, Vol 39, 1953, p. 311 (DRGCL/A24) The regulations of the commerce department recommending, as "precautions" and "procedure" for use of mounted type line carrying guns and equipment, that service powder charge "should" be about five ounces, and that powder bags "should" be furnished to vessel containing not more than such quantity of black powder, are "mandatory", and shipowners owe seamen duty of complying therewith. "Precaution" means previ- ous action; proven foresight; care previous- ly employed to prevent mischief or to secure good result; or a measure taken beforehand; an active foresight designed to ward off pos- sible evil or secure good results. "Proced- ure" means manner of proceeding or acting; a course or mode of action. "Should" is the imperfect of "shall"; it is the preterit of "shall" and is used as an auxiliary verb ei- ther in the past tense or conditional present. "Ought" is a synonym of "should," and both words clearly imply obligation. b'egan v. LSlccs Bros. S. S. Co., 3 So.2d 632, 635, 193 La. 312. Should means expectation of future action Remo Foresi v. The Hudson Coal Co, SUPERIOR COURT OF PENNSYLVANIA, 106 Pa. Super. 307; 161 A. 910; 1932 Pa. Super. LEXIS 239 July 14, 1932 (HARVAF3785) As regards the mandatory character of the rule, the word 'should' is not only an auxiliary verb, it is also the preterite of the verb, 'shall' and has for one of its meanings as defined in the Century Dictionary: "Obliged or compelled (to); would have (to); must; ought (to); used with an infinitive (without to) to express obligation, necessity or duty in connection with some act yet to be carried out." We think it clear that it is in that sense that the word 'should' is used in this rule, not merely advisory. When the judge in charging the jury tells them that, unless they find from all the evidence, beyond a reasonable doubt, that the defendant is guilty of the offense charged, they should acquit, the word 'should' is not used in an advisory sense but has the force or meaning of 'must', or 'ought to' and carries [---8] with it the sense of [-313] obligation and duty equivalent to compulsion. A natural sense of sympathy for a few unfortunate claimants who have been injured while doing something in direct violation of law must not be so indulged as to fritter away, or nullify, provisions which have been enacted to safeguard and protect the welfare of thousands who are engaged in the hazardous occupation of mining. 24 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 25 of 124 Infrastructure Topic Should -- Future Should implies futurity MERRIAM WEBSTER DICTIONARY, 1999, p. http://www.m-w.com/cgi-bin/mweb (MHHAR7006) Should: used in auxiliary function to express futurity from a point of view in the past <realized that she should have to do most of her farm work before sunrise-Ellen Glasgow>. Traditional rules governing should have been abandoned – it is just used for future obligation American Heritage Dictionary of the English Language in ‘00 (4th Edition, p. 1612) (HARVAF3786) Usage Note Like the rules governing the use of shall and will on which they are based, the traditional rules governing the use of should and would are largely ignored in modern American practice. Either should or would can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally, should) have answered differently. But in the second and third persons only would is used: If he had known that, he would (not should) have answered differently. Would cannot always be substituted for should, however. Should is used in all three persons in a conditional clause: if I (or you or he) should decide to go. Should is also used in all three persons to express duty or obligation (the equivalent of ought to): I (or you or he) should go. On the other hand, would is used to express volition or promise: I agreed that I would do it. Either would or should is possible as an auxiliary with like, be inclined, be glad, prefer, and related verbs: I would (or should) like to call your attention to an oversight. Here would was acceptable on all levels to a large majority of the Usage Panel in an earlier survey and is more common in American usage than should. Should have is sometimes incorrectly written should of by writers who have mistaken the source of the spoken contraction should’ve. 25 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 26 of 124 Infrastructure Topic Should -- Ought Should means “ought to” THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE, Fourth Edition 2000, p. http://dictionary.reference.com/search?q=should. (DRGCL/A18) should ( P ) Pronunciation Key (shd) aux.v. Past tense of shall Used to express obligation or duty: You should send her a note. Used to express probability or expectation: They should arrive at noon. Used to express conditionality or contingency: If she should fall, then so would I. Used to moderate the directness or bluntness of a statement: I should think he would like to go. Usage Note: Like the rules governing the use of shall and will on which they are based, the traditional rules governing the use of should and would are largely ignored in modern American practice. Either should or would can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally, should) have answered differently. But in the second and third persons only would is used: If he had known that, he would (not should) have answered differently. Would cannot always be substituted for should, however. Should is used in all three persons in a conditional clause: if I (or you or he) should decide to go. Should is also used in all three persons to express duty or obligation (the equivalent of ought to): I (or you or he) should go. On the other hand, would is used to express volition or promise: I agreed that I would do it. Either would or should is possible as an auxiliary with like, be inclined, be glad, prefer, and related verbs: I would (or should) like to call your attention to an oversight. Here would was acceptable on all levels to a large majority of the Usage Panel in an earlier survey and is more common in American usage than should. ·Should have is sometimes incorrectly written should of by writers who have mistaken the source of the spoken contraction should've. See Usage Note at if. See Usage Note at rather. See Usage Note at shall. Should means “ought” MERRIAM-WEBSTER ONLINE DICTIONARY, 2004, p. http://www.m-w.com/cgi-bin/dictionary (DRGCL/A19) Main Entry: should Pronunciation: sh&d, 'shud Etymology: Middle English sholde, from Old English sceolde owed, was obliged to, ought to past of SHALL 1 -- used in auxiliary function to express condition <if he should leave his father, his father would die -- Gen 44:22 (Revised Standard Version)> 2 -- used in auxiliary function to express obligation, propriety, or expediency <'tis commanded I should do so -- Shakespeare> <this is as it should be -- H. L. Savage> <you should brush your teeth after each meal> 3 -- used in auxiliary function to express futurity from a point of view in the past <realized that she should have to do most of her farm work before sunrise -- Ellen Glasgow> 4 -- used in auxiliary function to express what is probable or expected <with an early start, they should be here by noon> 5 -- used in auxiliary function to express a request in a polite manner or to soften direct statement <I should suggest that a guide... is the first essential -- L. D. Reddick 26 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 27 of 124 Infrastructure Topic Should – Recommended Course of Action Should recommends a course of action WORDS & PHRASES, Vol 39, 2003, p. 226. (DRGCL/A22) C.A.10 2001. Term "should" in statute indicates recommended course of action, but does not itself imply obligation associated with "shall. "-Qwest Corp. v. F.C.C., 258 F.3d 1191.-Statut 227. C.A.2 (N.Y.) 1999.Common meaning of the term "should" suggests or recommends a course of action, while ordinary understanding of "shall" de- scribes a course of action that is mandatory, and, in absence of clear manifestation of intent on part of Sentencing Commission to attribute to "should" a meaning contrary to the common one, the term should be given its usual meaning when interpreting sentencing guidelines and application notes. U.S.S.G. § 1131.1 et seq., 18 U.S.C.A.-U.S. v. Maria, 186 F.3d 65.-Sent & Pun 661, 665. 27 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 28 of 124 Infrastructure Topic Should – Implies Desirability Should expresses desirability WEBSTER’S NEW WORLD COLLEGE DICTIONARY, 1996, p. 1242. (DRGCL/A23) Should. 2. used to express obligation, duty, propriety, or desirability (you should ask first, the plants should be watered weekly). Should expresses desirability Cambridge Dictionary of American English, 07 (http://dictionary.cambridge.org/define.asp?key=should-1+0&dict=A) (HARVAF3781) should (DUTY) auxiliary verb used to express that it is necessary, desirable, advisable, or important to perform the action of the following verb 28 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 29 of 124 Infrastructure Topic Should – Not Mandatory Should is not mandatory Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By Thomson West. P. 369) (HARVAF3782) C.A.6 (Tenn.) 2001. Word “should,” in most contexts, is precatory, not mandatory. ----U.S. v. Rogers, 14 Fed.Appx. 303.----Statut227 Should is permissive—it’s a persuasive recommendation Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By Thomson West. P. 370) (HARVAF3783) Cal.App. 5 Dist. 1976. Term “should,” as used in statutory provision that motion to suppress search warrant should first be heard by magistrate who issued warrant, is used in regular, persuasive sense, as recommendation, and is thus not mandatory but permissive. West’s Ann.Pen Code, § 1538.5(b).---Cuevas v. Superior Court, 130 Cal. Rptr. 238, 58 Cal.App.3d 406 ----Searches 191. Should means desirable or recommended, not mandatory Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By Thomson West. P. 372-373) (HARVAF3784) Or. 1952. Where safety regulation for sawmill industry providing that a two by two inch guard rail should be installed at extreme outer edge of walkways adjacent to sorting tables was immediately preceded by other regulations in which word “shall” instead of “should” was used, and word “should” did not appear to be result of inadvertent use in particular regulation, use of word “should” was intended to convey idea that particular precaution involved was desirable and recommended, but not mandatory. ORS 654.005 et seq.----Baldassarre v. West Oregon Lumber Co., 239 P.2d 839, 193 Or. 556.---Labor & Emp. 2857 29 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 30 of 124 Infrastructure Topic Should -- Duty Should is used to express duty or obligation WEBSTER'S II, 1984, p. 1078 (MHBLUE0041) Should - used to express duty or obligation. You should write a thank you note. MERRIAM-WEBSTER COLLEGIATE DICTIONARY ONLINE, 2002, p. http://www.webster.com/cgi-bin/dictionary. (MHDRG/A10) 2. used in auxiliary function to express obligation, propriety, or expediency <'tis commanded I should do so - Shakespeare> <this is as it should be - H.L. Savage> <you should brush your teeth after each meal>. WEBSTER'S NEW WORLD COLLEGE DICTIONARY THIRD EDITION, 1996, p. 1242. (MHDRG/A9) Should. 2. used to express obligation, duty, propriety, or desirability [you should ask first, the plants should be watered weekly]. 30 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 31 of 124 Infrastructure Topic ***Substantially*** 31 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 32 of 124 Infrastructure Topic Substantially – Real Worth, Important Of real worth or importance BLACK’S LAW DICTIONARY, 1990, p. 1428 (DRG/UNA22) Of real worth and importance; of considerable value; valuable. 32 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 33 of 124 Infrastructure Topic Substantially – In Substance In substance BLACK’S LAW DICTIONARY, 1990, p. 1428 (DRG/UNA23) Belonging to substance; actually existing, real; not seeming or imaginary; not illusive; solid, true. In substance WORDS & PHRASES, 1990, p. 287 (DRG/UNA24) What does “substantial portion” mean? It is plan that the phrase requires a comparison with the whole rent, and the whole rent means the entire contractual rent payable by the tenant in return for the occupation of the premises together with all other covenants of the landlord. “Substantial” in this connection is not the same as “not insubstantial,” i.e., just enough to avoid the “de mimis” principle. One of the primary meanings of the word is equivalent to considerable, solid, or big. Substantial means solidly built: strong WEBSTER'S II, 1984, p. 1155 (MHBLUE0038) Substantial - means solidly built: strong. Substantial is of, relating to, or having substance: material WEBSTER'S II, 1984, p. 1155 (MHBLUE0039) Substantial - is of, relating to, or having substance: material. 33 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 34 of 124 Infrastructure Topic Substantial – Means Real Substantial means real WORDS & PHRASES, Vol. 40A, 2002, p. 460. (DRGCL/A35) Ala. L909. "Substantial" means "belonging to, substance; actually existing; real; not seeming or imaginary; not illusive; real; solid; true; veritable."-Elder v. State, 50 So. 370, 162 Ala. 41. ;, Substantial means real WORDS & PHRASES, Vol. 40A, 2002, p. 462 (DRGCL/A36) Ala.App. 1957. Word "substantial" means belonging to substance, actually existing, real, not seeming or imaginary, not illusive, real, solid, true, and veritable.-United States Pipe & Foundry Co. v. Nettles. 96 So.2d 186, 39 Ala.App. 115. certiorari denied 96 So.2d 195, 266 Ala. 700. Substantially means in substance, actually, really OXFORD ENGLISH DICTIONARY, 2003, p. http://dictionary.oed.com/cgi/entry/00241094?single=1&query_type=word&queryword=substantiall y&edition=2e&first=1&max_to_show=10. (DRGOC/A35) In substance; in one's or its substantial nature or existence; as a substantial thing or being. b. Essentially, intrinsically. c. Actually, really. Substantial is real WEBSTER'S II, 1984, p. 1155 (MHBLUE0037) Substantial - is not imaginary: real. Substantially means real WORDS & PHRASES, 2005, p. 327 (PDNS3523) Cal. 1956. “Substantially” means in a substantial manner, really, solidly, completely. Substantial refers to real at the present time WORDS AND PHRASES, 1964, p. 750 (PDNS3524) The words “outward, open, actual, visible, substantial, and exclusive,” in connection with a change of possession, mean substantialy the same thing. They mean not concealed; not hidden; exposed to view; free from concealment, dissimulation, reserve, or disguise; in full existence; denoting that which not merely can be, but is opposed to potential, apparent, constructive, and imaginary; veritable; benuine; certain; absolute; real at present time, as a matter of fact, not merely nominal; opposed to form; actually existing; true; not including admitting, or pertaining to any others; undivided; sole; opposed to inclusive. 34 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 35 of 124 Infrastructure Topic Substantially – Without Material Qualification Substantially is without material qualification BLACK'S LAW DICTIONARY, 1991, p. 1024 (MHBLUE0036) Substantially - means essentially; without material qualification. Without material qualification BLACK'S LAW DICTIONARY, 1990, p. 1428. (MHDRG/A13) Substantially. Essentially; without material qualification; in the main; in substance materially; in a substantial manner. Substantial means material or essentially WORDS & PHRASES, Vol. 40A, 2002, p. 469. (DRGCL/A32) IILApI,. 2 Dist. 1923. “Substantial” means in substance, in the main, essential, including material or essential parts. -White v. City Of' Otlawa. 230 IILApIt. 491, affirmcd 149 N.G. 021. 318 Ill. 463. Substantial means material or essentially WORDS & PHRASES, Vol. 40A, 2002, p. 458. (DRGCL/A33) M.D. Tenn. 1941. Word "substantial" means in substance or in a substantial manner, materially or essentially.-Newark Stove Co. v. Gray & Dudley Co., 39 F.Supp. 992. Substantially means with material qualities WORDS AND PHRASES, 1964, p. 818. (DRGOC/A36) “Substantially” means meeting requirements in essential and material parts. 35 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 36 of 124 Infrastructure Topic Substantial – All or About Substantially is all or about WORDS AND PHRASES 1964, p. 818 (DRGOC/A37) . Statement of facts certified to contain “substantially” all material facts, matters, and proceedings in cause, and substantially all material evidence must be stricken. Rem. Comp.Stat. 391. “Substantially” may mean part or about and has been defined to mean about, actually, competently, and essentially. 36 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 37 of 124 Infrastructure Topic Substantially – In the Main In the main BALLENTINE’S LAW DICTIONARY, 1969, p. 1232 (DRG/UNA20) In the main. Essentially. Substantial means “in the main” WORDS & PHRASES, Vol. 40A, 2002, p. 483. (DRGCL/A31) Pa.Super. 1957. Word "substantial" means considerable in amount, value, or the like and also means large, as a substantial gain, and of pertaining to the substance or main part of anything.-Carter v. Vecchianc, 133 A.2d 297, 183 Pa.Super. 595. Substantially is not the main and not wholly WORDS AND PHRASES, 1964, p. 817. (DRGOC/A38) An oil and gas lease, describing the premises as all that certain tract of land situated in a certain district on the waters of a designated stream, bounded “substantially” as follows, etc., means bounded “about” or “in” the “main” as designated and not “wholly” or “completely.” SUBSTANTIALLY DOES NOT MEAN 100% 37 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 38 of 124 Infrastructure Topic Substantially – Contextual Uses Investment in high-speed rail would make a substantial difference Clifford Winston, (Sr. Fellow, Brookings Institution), LAST EXIT: PRIVATIZATION AND DEREGULATION OF THE U.S. TRANSPORTATION SYSTEM, 2010, 32. Developing a 17,000-mile national high-speed rail network would cost some $600 billion and raise the costs of intercity rail passenger transportation to an extremely high level. Moreover, given Amtrak's limited ability to attract passengers on most routes, the loss in social welfare from a highly subsidized high-speed rail system is likely to be substantial. Spending $17 billion on bridges would make substantial improvement Barry LePatner, (Attorney, LePatner & Associates, New York City), TOO BIG TO FALL: AMERICA’S FAILING INFRASTRUCTURE AND THE WAY FORWARD, 2010, 70-71. The United States as a whole is not spending nearly enough on its roads and bridges. In its 2009 Report Card for America's Infrastructure, the ASCE estimates the gap between need and current spending for bridges and highways separately and in the aggregate, and the shortfalls are dramatic. According to the ASCE, the country needs to be spending $17 billion per year to "substantially improve current bridge conditions" but is now spending only $10.5 billion on bridge construction and maintenance. The ASCE figures include sums for both structurally deficient and functionally obsolete bridges. Privatization would substantially improve transportation infrastructure Clifford Winston, (Sr. Fellow, Brookings Institution), LAST EXIT: PRIVATIZATION AND DEREGULATION OF THE U.S. TRANSPORTATION SYSTEM, 2010, 143. Extrapolating from the deregulation experience, I would expect privatization to stimulate innovations and new technologies that improve operations, service quality, and safety; to encourage transportation users to be more engaged in indicating their preferences for various services and resourceful in avoiding excessive charges; and to attract a cadre of managers and workers who have the potential to improve the nation's transportation system substantially. Higher fuel taxes could make a substantial difference in vehicle purchase decisions David Jones, (Former Dir., Institute for Transportation Studies, Stanford U.), MASS MOTORIZATION AND MASS TRANSIT, 2010, 232. A conservation surtax that increases the total U.S. tax on gasoline to $1.00 would reduce both the number of trips Americans make by automobile and the miles they drive, especially for discretionary purposes. Secondary impacts would include increased demand for fuel-efficient vehicles, increased carpooling and transit use, and driving behavior that is more fuel-conscious. And if this tax were imposed on the carbon content of automotive fuels, fuel taxes could also accelerate the transition to hydrogen as a primary automotive fuel. In other words, higher fuel taxes would produce a cascade of responses, each of which would produce a modest reduction in oil imports, fuel consumption, air pollution, and CO2 emissions. Singularly, each impact would be modest, but cumulatively the impact would be substantial if we include the impacts on vehicle purchase decisions and the mix of vehicles produced over the long term. 38 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 39 of 124 Infrastructure Topic Substantially – Contextual Uses Repairing infrastructure would constitute a substantial investment Colin Peppard, (Staff, Natural Resources Defense Council), THE ROAD TO RECOVERY: INVESTING IN A NEW TRANSPORTATION POLICY, Mar. 2011. Retrieved Feb. 18, 2012 from http://www.nrdc.org/energy/transportation/files/roadtorecovery.pdf. A new transportation law must adopt a “fix- it-first” approach to infrastructure. Substantial investment should be allocated exclusively to repairs, and states and regions must be held to a high “state of good repair” performance standard in their long-range plans and transportation improvement programs. The era of wasteful earmarks for flashy but foolish projects, such as the infamous “bridge to nowhere,” must give way to a focus on fixing our creaky, decaying, and essential existing transportation infrastructure. Congestion pricing would make a substantial difference William J. Mallett, (Specialist in Transportation Policy, U.S. Congressional Research Service), PERSPECTIVES ON PUBLIC PRIVATE PARTNERSHIPS, 2010, 16. A related point, and one not fully considered in these estimates, however, is that the institution of a toll not only provides revenue to improve the supply of infrastructure, but also tends to suppress and/or divert travel demand. With limited toll road mileage, this effect may be relatively minor and may be more likely to result in traffic, diversion. Widespread tolling, on the other hand, may result not in route diversion, but in travelers switching to other modes, changing the time of a trip to avoid a charge, or foregoing travel altogether. DOT has made a preliminary attempt to estimate, theoretically, the effects of universal congestion pricing on infrastructure demand, and suggests they would be substantial. Carbon dioxide sequestration could substantially lower risk Ah-Hyung Alissa Park, (Prof., Engineering, Columbia U.), HYDROGEN FUEL: PRODUCTION, TRANSPORT, AND STORAGE, 2009, 594. CO2 could be directly injected into selected underground mineral deposits for carbonation (in situ carbonation). This process envisions pumping CO2 into an underground deposit of porous magnesium or calcium-bearing rock. In contrast to other underground storage reservoirs of CO2 (as in aquifers and depleted oil/gas reservoirs), this process would result in chemically stable carbonates. Therefore, it poses a substantially lower long-term risk. The reaction would be aided by naturally high pressures (overburden) and could proceed more rapidly than mineral weathering on the earth's surface. Hydrogen use would substantially decrease emissions Michael Hordeski, (Engineer, Formerly with NASA), HYDROGEN AND FUEL CELLS: ADVANCES IN TRANSPORTATION AND POWER, 2009, 19. When hydrogen is used as fuel, the main emission from fuel cells is potable water. Even when using hydrocarbons as fuel, these systems offer substantial reductions in emissions. Honda's FCX fuel cell vehicle carries 156.6 liters of compressed hydrogen (about 3.75 kilograms) in two aluminum tanks. The fuel cell's peak output is 78 kilowatts which drives the electrical motor that moves the vehicle. 39 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 40 of 124 Infrastructure Topic Substantially – Non Contextual Numerical Definitions Substantial is 20 percent or more Inland Revenue, BIM55525 - FARMING: HERD BASIS: WHAT CONSTITUTES SUBSTANTIAL REDUCTION, 2002, p. http://www.inlandrevenue.gov.uk/manuals/bimmanual/BIM55525.htm. (DRGCL/A40) What constitutes a substantial reduction in the number of animals in a herd is not defined in the Act and will be a question of fact in the particular case. In practice, a reduction may be regarded as substantial if it amounts to 20% or more of the animals in the herd. Substantial is 25 percent or more Major Nathanael Causey, ARMY LAWYER, February, 1995, p. 3. (DRGCL/A41) DFARS 249.7003; 252.249-7002. "Major defense program" is defined as a program that is carried out to produce or acquire a major system. " Substantial reduction" is defined as a reduction of 25% or more in the total dollar value of contracts under the program. Substantial is 25 percent or more NORWICH BULLETIN (Norwich, CT) June 4, 2003, p. online. (DRGCL/A42) The MTA [Metropolitan Transportation Authority] has been defending itself against accusations it hid $500 million in projected surplus to justify a fare increase in the subway and bus fare from $1.50 to $2. The state and city comptrollers have issued highly critical reports and have recommended independent oversight of budget matters. The MTA also proposed submitting annual reports to legislative leaders on crime statistics, deaths and injuries and said it would hold public hearings before " substantial reductions," defined as 25 percent or more, on a subway line. 40 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 41 of 124 Infrastructure Topic Substantially – Non Contextual Numerical Definitions Substantial is 33 to 50 percent FDA, Food and Drug Administration, HHS. 21 CFR Parts 5, 101, and 105 FOOD LABELING: NUTRIENT CONTENT CLAIMS, GENERAL PRINCIPLES, PETITIONS, DEFINITION OF TERMS [Docket No. 91N-0384] RIN 0905-AD08 56 FR 60421 November 27, 1991. (DRGCL/A43) FDA is proposing to define "reduced" for the following nutrients: total fat, saturated fat, cholesterol, sodium, and calories. The rationale for defining "reduced fat," "reduced saturated fat," and "reduced cholesterol," and the proposed definitions for these terms, are set forth in the companion document on claims about these nutrients published elsewhere in this issue of the Federal Register. FDA tentatively concludes that reduced claims for nutrients other than these five are not appropriate because the reduction of other nutrients in the diet is not identified as being of public health importance in the major consensus reports currently available (Refs. 2 and 3). b. How definitions of "reduced" for nutrients were derived. To justify a "reduced claim" and the consequent emphasis on the fact that a reduction in a nutrient has occurred, FDA believes that there should be a substantial reduction in the amount of nutrient present in the food, which in turn could result in a substantial reduction in the amount of the nutrient in diets of individuals. While there is general agreement that the availability of foods reduced in specific nutrients is beneficial from a public health perspective (Refs. 5 and 46), there are no scientific data available to indicate precisely the extent to which reductions of these nutrients in available foods are needed, nor the extent to which such reductions could affect the diets of individuals. Nonetheless, FDA has developed a general approach to the use of this claim. In defining "reduced," and what would constitute a substantial reduction in the level of a nutrient in a food, an important consideration is the distribution of the nutrient in the food supply. If a nutrient is provided by all general categories of foods, such as fruits, vegetables, grain products, and dairy products, the nutrient can be considered to be ubiquitous in the food supply. The extent of reduction necessary to justify a "reduced" claim for nutrients that are ubiquitous is likely to be different than that necessary for nutrients that are found in only some or a few food categories. If the dietary reduction of a nutrient can be spread out over all or most food categories, smaller reductions on a food-by-food basis would be needed to achieve a substantial dietary impact than would be needed if the nutrient is present in only some food categories. A second important consideration in defining "reduced" is the need to provide a consistent definition for this term for all nutrients, so that consumer education efforts can be more easily implemented. Comments have suggested that consumers will more readily recall the meaning of the term "reduced" if it is limited to one level of reduction, such as one-third or one-half. The agency agrees that consistency in definition is desirable. Therefore, in developing the general criteria for the use of the term "reduced," the agency considered the level of reduction that would result in a substantial reduction in the nutrient content of foods as well as the need for consistency of terms. In addition, FDA considered two other factors. In response to comments, FDA considered the technological feasibility of reducing levels of nutrients in foods. Finally, in developing these definitions, the agency reviewed the quantitative differences between current levels of intake for these nutrients and recommended levels of intake. FDA is proposing to define the term "reduced" as a difference of 50 percent for all specified nutrients except calories. The agency has tentatively decided that there are no compelling reasons to change the current definition for "reduced calorie" of a 33.3 percent reduction in calories (@ 105.66(d)(1)(i)). For the other four nutrients, reductions of 50 percent are feasible, even in the case of total fat. Current technology 41 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 42 of 124 Infrastructure Topic has demonstrated that for many foods, including dairy products, a reduction in total fat of 50 percent or more is achievable (Ref. 40) 42 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 43 of 124 Infrastructure Topic Substantially – Non Contextual Numerical Definitions Substantial is 90 percent WORDS & PHRASES, 2000, p. no page. (DRGCL/A44) N.H. 1949. -The Word "substantially" as used in provision of Unemployment Compensation Act that experience rating of an employer may transferred to' an employing unit which acquires the organization, -trade, or business, or "substantially" all of the assets thereof, is 'an elastic term which does not include a. definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation. R.L c. 218, § 6, subd. F, as added by Laws 1945, c. 138, § 16.-Auclair Transp. v. Riley, 69 A.2d 861, 96 N.H. l.-Tax347.1. Substantial is 74 percent WORDS & PHRASES, 2000, p. no page. (DRGCL/A45) Minn.App. 1984. Ex-husband's 74% increase in net income since .1977 constituted a "substantial increase" in income for purposes of determining whether child support order should be modified. M.S.A. § 518.64, subd. 2.-Scott v. Scott, 352 N.W.2d 62.-Divorce 309.2(3). Substantial is 50 percent is too high WORDS & PHRASES, Vol. 40A, 2002, p. 457. (DRGCL/A46) S.D.N.Y. 1943. -the phrase "substantial part" as used in rule that an employee, a substantial part of whose activities relates to goods moving in inter- state Commerce, is covered by the Fair Labor Standards Act, is not a phrase of mathematical precision but is the converse of insubstantial or immaterial and the word "Substantial" as used therein does not mean the same as when used in the phrase "sub- stantial performance of a contract-" and the requirement is satisfied by less than 50 per cent of employee's activities. Fair Labor Standards Act of 1938, §§ 3(J), 6, 7, 29 U.S.C.A. §§ 203Q), 206, 207.-Berry v. 34 Irving Place Corp., 52 F.Supp. 875.-Conuncrcc 62.61, 62.62. Substantial is at least 20 percent WORDS & PHRASES, Vol. 40A, 2002, p. 456-7. (DRGCL/A47) S.D.N.Y. 1945. Maintenance employees in building seeking to recover overtime compensation and liquidated damages under Fair Labor Standards Act had burden of proving that a substantial number of tenants were engaged in production of goods for commerce, the word "substantial" mean- ing that at least 20 per cent. of building be occupied by tenants engaged in production of goods for commerce. Fair Labor Standards Act of 1938, §16(h), 29 U.S.C.A. § 216(h).-Ullo v. Smith , 62 F.Supp. 757, affirmed 177 F.2d 101, 12 A.L.R.2d 1122.-Labor I511. I; Mast & S 80(6), Substantially is quantitative Merriam-Webster, 2003 (www.m-w.com) (HARVAF3788) Main Entry: sub·stan·tial b : considerable in quantity : significantly great <earned a substantial wage> 43 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 44 of 124 Infrastructure Topic Substantially -- Essentially Substantially is essentially WORDS AND PHRASES, 1964, p. 818. (DRGOC/A41) “Substantially” means in substance; in the main; essentially; by including the material or essential part. Substantially is not essentially WORDS AND PHRASES, 1964, p. 819. (DRGOC/A42) PATENT CLAIMS The word “substantially” is not necessarily synonymous with “essentially”. Robbins v. Wettlaufer, S1 f.2d. 882, 893, 23 C.C. P.A., Patents, 952. 44 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 45 of 124 Infrastructure Topic Substantially – Should Define in Context Interpret in context CORPUS JURIS SECUNDUM, 1953, p. 765 (DRG/UNA19) Substantially. A relative and elastic term which should be interpreted in accordance with the context it is used. Substantial must be determined by context WORDS & PHRASES, Vol. 40A, 2002, p. 464. (DRGCL/A38) Cal. 1956. "Substantial" is it relative term, its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used.-Atchison, 'I'. & S. F. IZy. Co. v. Kings County Water Dist., 3(12 P.2d 1, 41 Ca1.2J 140. Substantial must be determined by context WORDS & PHRASES, 1960, p. no page. (DRGCL/A39) "Substantial" is a relative term, Its measure to be gauged by all the circumstances surrounding the matter In reference to which the expression is used. Robinson v. North Am. Life & Cas. Co., App., 30 Cal. Rptr. 57, 60. The term "substantial" is relative and its meaning is to be gauged by the circumstances. State by Lord v. Pahl, 95 N.W.2d 85, 89, 254 Minn. 349. "Substantial" is a relative term, the meaning of which is to be gauged by all the circumstances surrounding the transaction in reference to which the expression has been used, and it imports a considerable amount of value in opposition to that which is inconsequential or small. Application of Scroggin, Cal.App., 229 P.2d 489, 491. "Substantial" is a relative word, which, while it must be used with care and discrimination, must nevertheless be given effect, and in a claim of patent allowed considerable latitude of meaning where it is applied to such subject as thickness, -,is by requiring two parts of a device to be of substantially the same thickness, and cannot be held to require them to be of exactly the same thickness. Todd v. Sears Roebucl, & Co., D.C. N.C., 119 F.Supp. 38, 41. "Substantial" is a relative term, its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used. Atchison, T. & S. P. Ry. Co. v. Kings County Water Dist., Cal., 302 P.2d 1, 3.1. 45 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 46 of 124 Infrastructure Topic Substantially – Should Define in Context Substantially relies upon field context to give it meaning Devinsky, 02 (Paul, IP UPDATE, VOLUME 5, NO. 11, NOVEMBER 2002, “Is Claim "Substantially" Definite? Ask Person of Skill in the Art”, http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a-42bfa2b7-075812dc0e2d.cfm) (HARVAF3787) In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit found that the district court, by failing to look beyond the intrinsic claim construction evidence to consider what a person of skill in the art would understand in a "technologic context," erroneously concluded the term "substantially" made a claim fatally indefinite. Verve, LLC v. Crane Cams, Inc., Case No. 01-1417 (Fed. Cir. November 14, 2002). The patent in suit related to an improved push rod for an internal combustion engine. The patent claims a hollow push rod whose overall diameter is larger at the middle than at the ends and has "substantially constant wall thickness" throughout the rod and rounded seats at the tips. The district court found that the expression "substantially constant wall thickness" was not supported in the specification and prosecution history by a sufficiently clear definition of "substantially" and was, therefore, indefinite. The district court recognized that the use of the term "substantially" may be definite in some cases but ruled that in this case it was indefinite because it was not further defined. The Federal Circuit reversed, concluding that the district court erred in requiring that the meaning of the term "substantially" in a particular "technologic context" be found solely in intrinsic evidence: "While reference to intrinsic evidence is primary in interpreting claims, the criterion is the meaning of words as they would be understood by persons in the field of the invention." Thus, the Federal Circuit instructed that "resolution of any ambiguity arising from the claims and specification may be aided by extrinsic evidence of usage and meaning of a term in the context of the invention." The Federal Circuit remanded the case to the district court with instruction that "[t]he question is not whether the word 'substantially' has a fixed meaning as applied to 'constant wall thickness,' but how the phrase would be understood by persons experienced in this field of mechanics, upon reading the patent documents." 46 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 47 of 124 Infrastructure Topic Substantially – Must Give Meaning Substantially must be given effect and meaning WORDS AND PHRASES, 1964, p. 819. (DRGOC/A43) “Substantially” is a relative word which while it must be used with care and discrimination in a claim of a patent, must nevertheless be given effect by allowing considerable latitude of meaning, where it is applied such subjects as thickness, as by requiring two parts of a device to be substantially the same thickness and cannot be held to require them to be of exactly the same things. 47 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 48 of 124 Infrastructure Topic Substantially -- Large Substantially is to a great extent or degree WordNet1.6, 1997 (BLUEOC 0019) Substantially - adv 1: to a great extent or degree; "I'm afraid the film was well over budget"; "painting the room white made it seem considerably (or substantially) larger"; "the house has fallen considerably in value"; "the price went up substantially" [syn: well, considerably] 2: in a strong substantial way; "the house was substantially built". Substantially is to a large degree Cambridge International Dictionary of English, 2001, http://dictionary.cambridge.org/default.asp?dict=A (BLUEOC 0020) Substantially - adverb - The new rules will substantially (=to a large degree) change how we do things. Majority or most WEBSTER’S NEW COLLEGIATE DICTIONARY, 1981, p. 1153. (DRG/UNA25) ….being largely but not wholly that which is specified. Substantial is a considerable amount WORDS & PHRASES, Vol. 40A, 2002, p. 453. (DRGCL/A30) N.D.AIa. 1957. The word "substantial" means considerable in amount, value, or the like, large, as a substantial gain.-Lcvenson v. U.S., IS'7 F.Supp. 244. 48 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 49 of 124 Infrastructure Topic Substantial -- No quantitative meaning Substantially can’t be numerically quantified WORDS & PHRASES, 1960, no page. (DRGCL/A37) The only qualification as to the size or portion of the part lost is that it must be substantial; and as the legislature has not defined the lost part in any other terms it cannot be said that by "substantial" it meant more than one half" or "substantially all" of the affected phalange, because such construction cannot be applied to humanitarian legislation. 49 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 50 of 124 Infrastructure Topic Substantially –To A Great Extent Substantially is to a great extent PRINCETON UNIVERSITY WORDNET, 1997, p. http://www.dictionary.com/search?q=substantially. (MHDRG/A11) substantially. adv 1: to a great extent or degree; "I fear the film was well over budget"; "painting the room white made it seem considerably (substantially) larger"; "the house has fallen considerably in value"; "the price went up substantially" [syn: well, considerably]. Substantial is of ample or considerable amount, quantity, or size THE RANDOM HOUSE COLLEGE DICTIONARY, 1973, p. 844 (MHBLUE0040) Substantial - is of ample or considerable amount, quantity, or size. 50 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 51 of 124 Infrastructure Topic ***Increase*** 51 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 52 of 124 Infrastructure Topic Increase – Make Larger, Grow Increase means to grow something that exists CORPUS JURIS SECUNDUM, 1944, p. 545 (DRG/UN30) Increase. In General: A word in common use and variously used and therefore of doubtful and equivocal import. It is derived from “cresco”, to grow and implies the existence of something made, the subject of the increase, etc. Increasing is enlargement BLACK’S LAW DICTIONARY, Seventh Edition, Ed. West Group, 1999, p. 770 (DRG/UNA27) Increase - The extent of growth or enlargement. Increase is to become larger WEBSTER’S NEW WORLD DICTIONARY, 1982, p. 934 (DRG/UNA28) Increase – to become greater or larger. Increase means to grow BALLENTINE’S LAW DICTIONARY, Third Edition, 1969, p. 605 (DRG/UNA29) Increase. Verb: deriving from the Latin “crescere: to grow. To augment in size or value. Increase means to become larger or greater in quantity Encarta Online Dictionary. 2006. ("Increase." <http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741>.) (HARVAF3792) in·crease [ in kr?ss ] transitive and intransitive verb (past and past participle in·creased, present participle in·creas·ing, 3rd person present singular in·creas·es)Definition: make or become larger or greater: to become, or make something become, larger in number, quantity, or degree noun (plural in·creas·es) Increase is to become progressively greater Merriam-Webster Dictionary, http://www.m-w.com/cgi-bin/dictionary (BLUEOC 0021) To become progressively greater (as in size, amount, number, or intensity). Increase is to make greater or larger Webster's II, 1984, p. 620 (BLUEOC 0022) Increase is to become greater or larger “Increasing” means becoming greater Lexico Publishing, DICTIONARY.COM, 2003, p. http://dictionary.reference.com/search?q=increasing. (DRGOC/A45) Increasing. adj 1: becoming greater or larger; "increasing prices" [ant: decreasing] 2: music [ant: decreasing] 52 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 53 of 124 Infrastructure Topic Increase – Make Larger, Grow Increase means to get progressively bigger Merriam-Websters Dictionary Online, 2006. (“Increase.” <http://www.m-w.com/cgibin/dictionary?book=Dictionary&va=increase>.) (HARVAF3793) Inflected Form(s): in·creased; in·creas·ing Etymology: Middle English encresen, from Anglo-French encreistre, from Latin increscere, from in- + crescere to grow -- more at CRESCENT intransitive verb 1 : to become progressively greater (as in size, amount, number, or intensity) 2 : to multiply by the production of young transitive verb 1 : to make greater : AUGMENT 2 obsolete : Increase means to make things larger numerically Cambridge Dictionary Online, 2007. (“Increase.” <http://dictionary.cambridge.org/define.asp?key=40073&dict=CALD>) (HARVAF3794) increase Show phonetics verb [I or T] to (make something) become larger in amount or size: Incidents of armed robbery have increased over the last few years. The cost of the project has increased dramatically/significantly since it began. Gradually increase the temperature to boiling point. Increased/Increasing efforts are being made to end the dispute. Compare decrease. Increase means to make greater Random House Dictionary, 1987 (HARVAF3796) Increase –v.t. 1. To make greater, as in number, size, strength, or quality; augment; add to: to increase taxes. –v.t. 2. To become greater, as in number, size, strength, or quality: Sales of automobiles increased last year. Increasing: grow larger Word Net, <a href="http://wordnet.princ">http://wordnet.princ</a>eton.edu/perl/webwn?s=increasing (HARVNS1658) Adjective --S: (adj) increasing (becoming greater or larger) “increasing prices” --S: (adj) increasing&nbsp;&nbsp;(music) Increase: become greater in size Websters Revised Unabridged Dictionary, 1913, <a href="http://dict.die.net/in">http://dict.die.net/in</a>creasing/ (HARVNS1659) Increase 1. To become greater or more in size, quantity number, degree, value, intensity, power, authority, reputation, wealth; to grow; to augment; to advance; -- opposed to decrease. Increasing means becoming greater or larger Wordnet, Princeton University, 2003, p. http://dictionary.reference.com/browse/increasing) (PDNS3525) increasing adj 1: becoming greater or larger; "increasing prices" [ant: decreasing] 2: music [ant: decreasing] 53 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 54 of 124 Infrastructure Topic Increase – Net Increase Increase means net increase Words and Phrases, Cummulative Supplementary Pamphlet, v. 20a, 2005, p.295 (PDNS3526) Cal.App.2 Dist. 1991. Term “increase,” as used in statute giving the Energy Commission modification jurisdiction over any alteration, replacement, or improvement of equipment that results in “increase” of 50 megawatts or more in electric generating capacity of existing thermal power plant, refers to “net increase” in power plant’s total generating capacity; in deciding whether there has been the requisite 50-megawatt increase as a result of new units being incorporated into a plant, Energy Commission cannot ignore decreases in capacity caused by retirement or deactivation of other units at plant. West’s Ann.Cal.Pub.Res.Code § 25123. Increase must be a net increase Rogers, 05 (Judge, STATE OF NEW YORK, ET AL., PETITIONERS v. U.S. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT, NSR MANUFACTURERS ROUNDTABLE, ET AL., INTERVENORS, 2005 U.S. App. LEXIS 12378, --; 60 ERC (BNA) 1791, 6/24, lexis) (HARVAF3797) Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [-23] (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, [--49] in determining whether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in perfect condition. 54 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 55 of 124 Infrastructure Topic Increase – Add To Increase: add to Die.net, <a href="http://dict.die.net/increase/">http://dict.die.net/increase/ (HARVNS1707) 1: a quantity that is added; "there was an addition to property taxes this year"; "they recorded the cattle's gain in weight over a period of weeks" [syn: addition, gain] Increase: add to Answers.com, <a href="http://www.answe">http://www.answe</a>rs.comn/topic/increase (HARVNS1708) Increase n. Definition: addition, growth Antonyms: decrease, depletion, diminishment, loss, reduction, subtraction v. Definition: add or grow Word Net: The noun increase has 5 meanings: Meaning #1: a quantity that is added Synonyms: addition, gain 55 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 56 of 124 Infrastructure Topic Increase Doesn’t Mean Decrease Increase does not mean to decrease Websters Dictionary. 1913 ("Increase." <http://machaut.uchicago.edu/cgibin/WEBSTER.sh?WORD=increase>.) (HARVAF3795) In-crease" (?), v. i. To become greater or more in size, quantity, number, degree, value, intensity, power, authority, reputation, wealth; to grow; to augment; to advance; -- opposed to decrease. 56 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 57 of 124 Infrastructure Topic Increase—Preexisting Condition Increase requires evidence of the preexisting condition Judge Ripple, 8Plaintiff-Appellant, v. Frances Slocum Bank & Trust Company, State Automobile Insurance Association, and Glassley Agency of Whitley, Indiana, Defendants-Appellees, 824 F.2d 570; 1987 U.S. App. LEXIS 9816, 9/24, 1987, p. Lexis) (PDNS3527) Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends coverage where the risk is increased by any means within the knowledge or control of the insured. However, the term "increase" connotes change. To show change, appellees would have been required to present evidence of the condition of the building at the time the policy was issued. See 5 J. Appleman & J. Appleman, Insurance Law and Practice, § 2941 at 4-5 (1970). Because no such evidence was presented, this court cannot determine, on this record, whether the risk has, in fact, been increased. Indeed, the answer to this question may depend on Mr. Glassley's knowledge of the condition of the building at the time the policy was issued, see 17 J. Appleman & J. Appleman, Insurance Law and Practice, § 9602 at 515-16 (1981), since the fundamental issue is whether the appellees contemplated insuring the risk which incurred the loss. Increases can only be measured from a relevant baseline Judge Rogers, STATE OF NEW YORK, ET AL., PETITIONERS v. U.S. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT, NSR MANUFACTURERS ROUNDTABLE, ET AL., INTERVENORS, 2005 U.S. App. LEXIS 12378, --; 60 ERC (BNA) 1791, 6/24, 2005, p. 48 (PDNS3529) Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, in determining whether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in perfect condition. 57 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 58 of 124 Infrastructure Topic Increase - Quantitative Increase defined as quantity Jean McKechnie, (Sr. Editor), WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY, UNABRIDGED, 2nd Ed., 1979, 926. Increase: To become greater in size, quantity, value, degree, etc. Increase refers to quantity Ian Brookes, (Sr. Editor), THE CHAMBERS DICTIONARY, 10th ed., 2006, 754. Increase: To grow in size or number. Increase refers to quantity Sidney Landau, (Sr. Editor), CAMBRIDGE DICTIONARY OF AMERICAN ENGLISH, 2nd ed., 2008, 440. Increase: To become or make something larger or greater. 58 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 59 of 124 Infrastructure Topic Increase is Qualitative Increase is defined as quality Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 751. Increase: Advance in quality, attainment, etc. Increase is defined as quality Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 751. Increase: Intensify a quality. 59 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 60 of 124 Infrastructure Topic ***Its*** 60 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 61 of 124 Infrastructure Topic Its Its means a thing previously mentioned Augustus Stevenson, (Editor), NEW OXFORD AMERICAN DICTIONARY, 3rd Ed., 2010, 924. *Its: Belonging to or associated with a thing previously mentioned or easily identified. Its refers to itself Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 798. Its: Of itself. 61 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 62 of 124 Infrastructure Topic ***Transportation*** 62 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 63 of 124 Infrastructure Topic Transportation – Conveyance Transportation means conveyance Erin mckean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 1626. Transportation: The act of conveying or the process of being conveyed. Transportation means conveyance Jean McKechnie, (Sr. Editor), WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY, UNABRIDGED, 2nd Ed., 1979, 1941. Transportation: A means of conveyance. 63 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 64 of 124 Infrastructure Topic Transportation - Movement of People, Goods, and Information Transportation: movement of people, goods & information Clifford R. Bragdon, Dean University College at Florida Tech, 2008, Transportation Security, p. 3 Mobility represents the cultural lifeline of civilization throughout human history, comprising all methods of transport for both economic and social survival. It is the basis by which civilization has supported the character and lifestyle of its population, surviving and evolving through time. The level of effective mobility is directly related to the transportation support system. Ideally a transport system is based on the safe, secure, sustainable and efficient movement of people, goods and information utilizing air, land, sea, and space. It is characterized by two mobility components: physical (e.g. nonmotorized transport, aviation, roadways, maritime, rail, transit, etc.) and electronic (e.g., utilities, satellites, distance communication, information technologies, etc.). This concept can be referred to as transcommunication (Figure 1.1). Transcommunication was collaboratively developed as part of the United Nations Conference on Human Settlements by a Habitat II task force examining the basis for an effective human habitat, in which this author participated (Habitat II, June 1996, Istanbul, Turkey). Transportation: movement of people, goods, resources & information Clifford R. Bragdon, Dean University College at Florida Tech, 2008, Transportation Security, ed. C. Bragdon, p. 36 An integrated intermodal system of transportation involves the safe, secure, sustainable, and efficient movement of people, goods, resources, and information traveling by air, land, and sea. This complex system of integrated or holistic transport consists of both physical modes of movement (classically involved with roadways, rail, transit, airports, maritime transportation, utilities, and pipelines) and electronic modes of movement (associated with communication, electronic data interchange, related information technology, satellite and digital and fiber optic connectivity and interoperability). However, this desirable systems approach, seamlessly integrating physical and electronic modes of movement, is virtually nonsexistant at present. The result is a gridlock condition that underoptimizes our economic potential and social responsiveness and that impairs the total effectiveness of emergency preparedness, response, and recovery. Interoperability is lacking and a fusion of physical and electronic mobility must be seamlessly developed before we have optimized systems integration. Transportation: movement of people, goods and information Clifford R. Bragdon, Dean University College at Florida Tech, 2008, Transportation Security, ed. C. Bragdon, p. 67 A systems approach to transportation that integrates all modes of movement (i.e., both physical and electronic) is absolutely essential in developing an effective national preparedness plan. Transcommunication was the term developed and recommended by a United Nations Habitat II task force for addressing this subject area. For the readers of this book, transportation refers to the safe, secure, sustainable, and efficient movement of people, goods, and information by air, land, and sea. 64 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 65 of 124 Infrastructure Topic Transportation is the flow of people and goods U.S. Department of Transportation, COMMERCIAL REMOTE SENSING TECHNIQUES: APPLICATION TO TRANSPORTATION, Dec. 28, 2008. Retrieved Mar. 8, 2012 from http://wwwghcc.msfc.nasa.gov/land/ncrst/dot_nasa_brochure.pdf. Transportation is the flow of people and goods between geographically separated locations. 65 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 66 of 124 Infrastructure Topic Transportation - Sub-Sectors Transportation system sub-sectors Pamela A. Collins & Ryan K. Baggett, Department of Homeland Security, 2009, Homeland Security and Critical Infrastructure Protection, p. 95 The Transportation Systems Sector consists of six key subsectors, or modes: 1. Aviation includes aircraft, air traffic control systems, and approximately 450 commercial airports and 19,000 additional airfields. This mode includes civil and joint use military airports, heliports, short takeoff and landing ports, and seaplane bases. 2. Maritime Transportation System consists of about 95,000 miles of coastline, 361 ports, more than 10,000 miles of navigable waterways, 3.4 million square miles of Exclusive Economic Zone to secure, and intermodal landside connections, which allow the various modes of transportation to move people and goods to, from, and on the water. 3. Highway encompasses more than four million miles of roadways and supporting infrastructure. Vehicles include automobiles, buses, motorcycles, and all types of trucks. 4. Mass Transit includes multiple-occupancy vehicles, such as transit buses, trolleybuses, vanpools, ferryboats, monorails, heavy (subway) and light rail, automated guideway transit, inclined planes and cable cars designed to transport customers on local and regional routes. 5. Pipeline Systems include vast networks of pipeline that traverse hundreds of thousands of miles throughout the country, carrying nearly all of the nation’s natural gas and about 65 percent of hazardous liquids, as well as various chemicals. 6. Rail consists of hundreds of railroads, more than 143,000 route-miles of track, more than 1.3 million freight cars, and roughly 20,000 locomotives. Transportation includes highways, public transit, passenger rail, and highway safety Daily Journal of Commerce (Portland, OR), February 14, 2012 Within that total, a six-year investment of $476 billion is proposed for surface transportation, which includes highways, public transportation, passenger rail and highway safety. 66 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 67 of 124 Infrastructure Topic Transportation – Carbon Sequestration Transportation infrastructure includes carbon sequestration and storage Matt Watson, (Sr. Energy Manager, Environmental Defense Fund), CARBON CAPTURE AND SEQUESTRATION LEGISLATION. Hearing, May 12, 2011, 43. Logistical hurdles for CCS [carbon dioxide sequestration and storage] may include obtaining contracts for offsite land acquisition (including the availability of land), the need for funding (including, for example, government subsidies), timing of available transportation infrastructure and developing a site for secure long term storage.” Carbon sequestration requires transportation infrastructure John Litynski, (Resarcher, National Energy Technology Laboratory), ENVIRONMENT INTERNATIONAL, 2008, 127. This paper reviews the Validation Phase (Phase II) of the Department of Energy's Regional Carbon Sequestration Partnerships initiative. In 2003, the U.S. Department of Energy created a nationwide network of seven Regional Carbon Sequestration Partnerships (RCSP) to help determine and implement the technology, infrastructure, and regulations most appropriate to promote carbon sequestration in different regions of the nation. The objectives of the Characterization Phase (Phase I) were to characterize the geologic and terrestrial opportunities for carbon sequestration; to identify CO2 point sources within the territories of the individual partnerships; to assess the transportation infrastructure needed for future deployment; to evaluate CO2 capture technologies for existing and future power plants; and to identify the most promising sequestration opportunities that would need to be validated through a series of field projects. Carbon sequestration requires transportation infrastructure ICF International, DEVELOPING A PIPELINE INFRASTRUCTURE FOR CO2 CAPTURE AND STORAGE: ISSUES AND CHALLENGES, Feb. 2009, 61. This chapter will present the compression capacity, pipeline mileage and pipeline pumping capacity needed for CCS transportation. The infrastructure analysis is based on the High and Low Cases for CCS shown in the previous chapter. For the U.S. these infrastructure planning ranges for CCS volumes are: 2015: 3 to 50 million tonnes; 2020: 25 to 150 million tonnes; 2030: 300 to 1,000 million tonnes. For Canada, the infrastructure planning ranges for CCS volumes are: 2015: 10 to 30 million tonnes; 2020: 30 to 70 million tonnes; 2030: 90 to 150 million tonnes. The translation of these volumes into transportation infrastructure requirements depends on the location of the CO2 sources and sinks and the degree to which the CO2 transportation system is built in an integrated manner in which costs are minimized by combining flows along similar paths into larger pipelines versus built in a piecemeal manner in which most CCS projects construct their own pipeline system. Infrastructure includes CO2 sequestration Clemens Cremer, (Prof., Energy Policy, Swiss Federal Institute of Technology), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 194. Implementing CCS would create a whole new value chain of plants with CO2 capture, of CO2 transport and of CO2 storage. Carbon dioxide transport could be performed by pipelines on land 67 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 68 of 124 Infrastructure Topic or in the marine environment. For marine transport, ships could also be used. Creating a new CO2 infrastructure is a challenging task, similar to the build-up of a hydrogen infrastructure; that's why a combined build-up should be envisaged, where possible. 68 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 69 of 124 Infrastructure Topic Transportation – Includes Space Transportation infrastructure includes space Jeff Krukin, (Staff, NewSpace Nation), SHOULD THE U.S. GOVERNMENT HAVE A DEPARTMENT OF SPACE?, Feb. 23, 2009. Retrieved Mar. 8, 2012 from http://www.jeffkrukin.com/index.php?option=com_content&task=view&id=73&Itemid=1 . The paper lays out the deficits of NASA's implementation of the Vision for Exploration (VSE) announced by President George Bush in January 2004, and explains why NASA cannot possibly succeed in building an affordable space transportation infrastructure and open the space frontier. Transportation includes space exploration Michael Lembeck, (Dir., Northrup Grumman’s Space Exploration System), WHY SPACE EXPLORATION IS IMPORTANT TO THE UNITED STATES, June 15, 2006. Retrieved Mar. 8, 2012 from http://www.space.com/2481-space-exploration-important-united-states.html. So maybe space exploration is important because of Teflon, Velcro, and Tang after all. But not because they are rightly or wrongly identified as spin-offs from the space program. Tomorrow, new Teflons, Velcros, and Tangs will follow along with the other new discoveries enabled by NASA's transportation infrastructure. And they will ultimately be important because we can sell them. Space exploration is part of transportation infrastructure NASA Marshall Space Flight Center, ARES I UPPER STAGE, Aug. 8, 2007. Retrieved Mar. 8, 2012 from http://www.nasaimages.org/luna/servlet/detail/nasaNAS~9~9~58917~162762. Under the goals of the Vision for Space Exploration, Ares I is a chief component of the cost- effective space transportation infrastructure being developed by NASA's Constellation Program. This transportation system will safely and reliably carry human explorers back to the moon, and then onward to Mars and other destinations in the solar system. Space Exploration is part of Transportation Infrastructure National Aeronautics and Space Administration, CONSTELLATION PROGRAM, 2007. Retrieved Mar. 8, 2012 from http://www.lpi.usra.edu/lunar/constellation/ares/a5_factsheet.pdf. Under the goals of NASA’s exploration mission, Ares V is a vital part of the cost-effective space transportation infrastructure being developed by NASA’s Constellation Program to carry human explorers back to the moon, and then onward to Mars and other destinations in the solar system. Transportation Infrastructure includes development of spaceports Patricia Smith, (FAA Commissioner for Commercial Space Transportation), MEMORANDUM OF AGREEMENT BETWEEN THE FAA AND NASA, May 8, 2002. Retrieved Mar. 8, 2012 from http://www.faa.gov/about/office_org/headquarters_offices/ast/media/FAA_NASA_MOA_Final_Si gned_c.pdf. The objective of this MOA [Memorandum of Agreement] is to establish an expanded working relationship between NASA and the FAA, and to provide a mechanism for the most effective use of limited resources in advancing the development of the national commercial space 69 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 70 of 124 Infrastructure Topic transportation infrastructure. For the purposes of this MOA, commercial space transportation infrastructure development includes activities associated with the research, design, development, demonstration, and/or technology transfer of technologies, systems, equipment, processes, operating concepts, and facilities associated with spaceports and ranges. 70 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 71 of 124 Infrastructure Topic Transportation – Includes Space Transportation Infrastructure involved in space tourism Patrick Collins, (Prof., Azabu U., Japan), SPACE FUTURE, July 17, 2003. Retrieved Mar. 8, 2012 from http://www.spacefuture.com/archive/space_tourism_market_demand_and_the_transportation_i nfrastructure.shtml. It is a great pleasure and a great privilege to be invited to contribute to the Centenary celebration of one of the truly world-changing inventions of the 20th century -- Orville and Wilbur Wright's development of controlled, powered flight. It is also a particular pleasure to speak at the session on space tourism, of which I am confident the theme will be recognized in coming years as the most significant at this Symposium. The topic I was invited to discuss is the market demand and transportation infrastructure for space tourism, but it seems only appropriate to begin by giving some thought to the relation of this subject, passenger space travel, to the Wright brothers' achievement and vision. Developing passenger space travel requires transportation infrastructure Patrick Collins, (Prof., Azabu U., Japan), SPACE FUTURE, July 17, 2003. Retrieved Mar. 8, 2012 from http://www.spacefuture.com/archive/space_tourism_market_demand_and_the_transportation_i nfrastructure.shtml. If the actual cost of developing the transportation infrastructure required for passenger space travel was even ten times higher, this would be only of the same order of magnitude as the international space station ( ISS ), which has little measurable economic value (particularly since its future depends on an unreliable transportation system). VSE requires the construction of a space transportation infrastructure Paul Spudis, (Planetary Scientist, Applied Physics Laboratory, Laurel, MD), THE SPACE REVIEW, Jan. 22, 2007. Retrieved Mar. 8, 2012 from http://www.thespacereview.com/article/791/1. The Vision for Space Exploration is different from any previous space policy. By design it is incremental and cumulative. We make “steady progress” no matter how slowly we may be forced to proceed at any given time by fiscal constraints. Small steps that build upon each other create new capability over time. Our activities will teach us not merely how to survive, but how to thrive off-planet. Such a task includes inhabiting planetary surfaces, doing useful work while we are there, and extracting what we need from the material and energy resources we find. We will use these new skills and techniques to build a space transportation infrastructure that permits routine access to the Moon and all of cislunar space. Vision of VSE includes a space transportation infrastructure Paul Spudis, (Planetary Scientist, Applied Physics Laboratory, Laurel, MD), THE SPACE REVIEW, Jan. 22, 2007. Retrieved Mar. 8, 2012 from http://www.thespacereview.com/article/791/1. We are going to the Moon for one clear and understandable reason—to be able to do everything else that we want to do in space. The Moon is our school, laboratory, and foundry. The Vision 71 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 72 of 124 Infrastructure Topic begins by building a highway through the heart of cislunar space, creating a transportation infrastructure for diverse users: scientists, miners, sellers and buyers, and ultimately, settlers. 72 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 73 of 124 Infrastructure Topic Transportation – Includes Space Expanding Spaceflights requires transportation infrastructure Paul Spudis, (Staff), SPACEREF, Sept. 15, 2009. Retrieved Mar. 8, 2012 from http://www.spaceref.com/news/viewnews.html?id=1349. Routine access to these satellites and sensor platforms will revolutionize the spaceflight paradigm from one-off satellites, launched on expendable rockets and then abandoned when worn out, to the development and use of maintainable, upgradeable, and extensible systems. The creation of this space transportation infrastructure can be scaled to needs and available resources. Construction, Improvement, Design and Engineering part of Space Transportation Development U.S. CODE, 2012; Title 51, Subtitle V, Chapter 511. Retrieved Mar. 7, 2012 from Lexis. §51101. Definitions: In this chapter [51 USCS §§ 51101 et seq.]-(1) the definitions in section 50501 of this title [51 USCS § 50501] apply. (2) "commercial space transportation infrastructure development" includes--(A) construction, improvement, design, and engineering of space transportation infrastructure in the United States; and (B) technical studies to define how new or enhanced space transportation infrastructure can best meet the needs of the United States commercial space transportation industry. Expanding Space Transportation Infrastructure essential to Space-Related Activities U.S. CODE, 2012; Title 51, Subtitle II, Chapter 201, Subchapter I, Paragraph 8. Retrieved Mar. 7, 2012 from Lexis. The strengthening and expansion of the Nation's space transportation infrastructure, including the enhancement of launch sites and launch site support facilities, are essential to support the full range of the Nation's space-related activities. 73 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 74 of 124 Infrastructure Topic Pipelines Are Transportation Pipelines are a form of transportation Preston L. Schiller, Eric C. Bruun & Jeffrey R. Kenworthy, Professors at Queen’s University, University of Pennsylvania & Curtin University, 2010, An Introduction to Sustainable Transportation: Policy, Planning and Implementation, p. 125 Over time, improved technologies and vehicle designs lowered transport costs. During the late 19th and early 20th centuries, motorization increased the speed and capacity of oceangoing vessels considerably, while the speed and cargo capacity of land-based modes, especially trains, similarly increased. Trains using boxcars and flatcars for solid cargo, and tanker cars for liquid and gaseous cargoes, could move huge quantities to many more places faster than 19th century canal barges. Large quantities of liquids and gases could be inexpensively moved by pipelines over long distances. These improvements joined with several nation-specific, as well as international economic and policy, factors to engender a vast expansion of freight movement in recent decades. In order to understand this development, as well as how freight movement can become more sustainable, it is necessary to review its conventions. Pipelines are a mode of transportation Allan mcdougall & Robert Radvanovsky, Co-Director-Evolutionary Security Management & Risk Manager, 2008, Transportation Systems Security, p. 12 Pipelines can be another mode of transportation, as they view a transportation mechanism for moving fuel or raw goods in either compressed gaseous or liquid form. Pipelines move a product within a stationary device, the pipe, whereas traditional mechanisms involve keeping the persons or good on board or within a moving medium. For the purpose of this work and given the size of the work already, we will forego further detailed examination of this particular perspective, as this would complicate matters. This work will only regard transportation systems with the standard view of transporting people or things from one point to another. Pipelines are topical. It’s the sole item we add to their list. Church ‘3 (et al – Professor Rick Church of UC Santa Barbara and has just been elected to the Board of Directors of the Western Regional Science Association (WRSA). Founded in 1961, the WRSA is an international multidisciplinary group of university scholars and government and private-sector practitioners dedicated to the scientific analysis of regions. The rest of the CTI panel includes: Bruce Ralston, University of Tennessee; Jeff Western, Director of Infrastructure Security, Wisconsin DOT; Benjamin Zhan, Texas State University-San Marcosl Meetings — CTI 2003 – Critical Transportation Infrastructure – Specialist Meeting, 2003 December 1-2 – http://www.ncgia.ucsb.edu/ncrst/meetings/20031201SBA-CTI2003/first.html) There are many classes of infrastructure — a background page on CIP enumerates these. Our focus is on transportation infrastructure , recognizing that algorithmically, methods developed for one class of infrastructure may be adaptable to another. There is also a focus on spatial attributes of the transportation system, i.e. geographic and topological characteristics of the transportation links and the places (nodes) served by them, and an emphasis on spatial technologies such as remote sensing and GIS. Transportation infrastructure includes for our purposes road, rail, air and waterway infrastructure pipelines terminals, intermodal facilities and warehouses delivery systems control 74 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 75 of 124 Infrastructure Topic systems infrastructure provisions to serve needs of critical hazardous/non-hazardous materials in transit This meeting brings together a small group (about 35) of public/private sector experts and academics. Over two days of presentations, demonstrations and discussions, we shall explore a variety of perspectives, with the aims of (a) broadening participants' appreciation of the many facets of the issue, (b) stimulating cross-cutting research, and (c) synthesizing problem/research approaches into a framework. Following the meeting we will publish a web-based and/or printed compilation of papers. Three speakers will be selected for a special CTI-CIP session of the Transportation Research Board (TRB) annual meeting in Washington DC, 2004 January 11-15. 75 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 76 of 124 Infrastructure Topic Pipelines Are Transportation Transportation includes shipping GOODS. We don’t de-limit, because we’re only air, rail, road, maritime, and people NDU Report ‘11 National Defense University Fort McNair, Washington, D. C. – The Industrial College of the Armed Forces – Final Report: Transportation Industry – Spring 2011 – panelists include: Mrs. Stacy Cummings, Department of the Navy. Seminar Leader LtCol Anthony Barnes. U.S. Marine Coips Mr. William Boden, Computer Sciences Corporation, (CSC) LtCol Mike Brantley, U.S. Air Force Mr. Michael Breslin, Department of Homeland Security (DHS) Mr. Charles E. Brown, Defense Logistics Agency (DLA) Mr. Bart Merkley, Department of Homeland Security (DHS) – http://www.ndu.edu/icaf/programs/academic/industry/reports/2011/pdf/icaf-isreport-transportation-2011.pdf The United States has the largest transportation system in the world with an extensive physical infrastructure that moves both people and freight . As an industry it consists of five modes: aviation, highway, maritime, pipeline and rail. In 2009, transportation related goods and services contributed $1.2 trillion to the U.S. Gross Domestic Product and employed over 3.5 million people.3 The U.S. transportation infrastructure includes 4 million miles of public roads, 160,000 miles of railroad track, 25,000 miles of navigable waterways, 9,800 coastal and inland waterway facilities, nearly 400,000 miles of oil and fuel pipelines, and 5,200 public-use airports.5 The aviation industry provides for the movement of passengers and freight by both large and small air providers. In 2010, over 785 million passengers traveled by air.6 The economic downtiin had a significant impact on the airline industry; passenger miles are still down from their total of 81 million in 2008.7 In 2009. 27 percent of international freight, both imports and exports, moved by air.8 The U.S. National Highway System is made up of the Interstate Highway System, arterial roads that support commerce and trade, and the Strategic Highway Network (STRAHNET), which are highways important to military mobilization, and roads that connect inteimodal facilities.9 It handles a tremendous amount of vehicular traffic to include heavy equipment. The total vehicle miles traveled on all U.S. public roads increased from about 1.5 trillion miles in 1980 to more than 2.5 trillion miles in 2009. Based on current and historical trends, traffic congestion in metropolitan areas is expected to increase, due to population growth, urbanization, increasing freight traffic, and roadway maintenance activities.10 The U.S. water transportation industry serves the needs of both foreign and domestic commerce and includes companies that cany freight or passengers on the open seas or inland waterways, offer towing services, charter vessels, and operate canals and terminals. In 2009, U.S. water trades (foreign and domestic) amounted to 2.0 billion metric tons. In 2009, container trade accounted for 17 percent of U.S. waterbome foreign trade, up from 14 percent five years before. Ir 2009, 44 percent of U.S. foreign trade by value was moved by vessel, up from 42 percent five yean earlier. In 2009. 6,996 oceangoing vessels made 55,560 calls at U.S. ports. The pipeline infrastructure, comprised of over 168,000 miles of liquid pipelines and 217,000 miles of gas pipeline, carries over 71 percent of petroleum transported in the United States and is one of the most strategically important parts of the transportation network relative to energy distribution.13 Typically the oil or gas production company owns a significant share of the transportation pipeline system which is operated commercially. They transport businesses around the country. oil and natural gas to and from refineries and for distribution to homes and Transportation includes pipelines Encyclopedia of the Nations ‘12 Encyclopedia of the Nations; Europe; Estonia – http://www.nationsencyclopedia.com/economies/Europe/Estonia-INFRASTRUCTUREPOWER-AND-COMMUNICATIONS.html The transportation infrastructure includes 1,018 kilometers (634 miles) of railroads but only 132 kilometers (82 miles) of electrified rail lines. There are 10,935 kilometers (6,835 miles) of paved roads, including 75 kilometers (47 miles) of expressways. Estonia had 320 kilometers (200 miles) of navigable waterways and 420 kilometers (263 miles) of natural gas pipelines in 1992. All international flights use the Tallinn Airport, and there are several ports on the Baltic Sea, the port of Tallinn being the third largest in the Baltic Sea. A two-thirds stake in the state-run Eesti Raudtee railroad company was expected to be sold in a tender (possibly to RailAmerica) and the second-largest city, Tartu, was also expected to sell its public transportation company AS Liikor to a private investor in 2000. 76 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 77 of 124 Infrastructure Topic Pipelines are transportation infrastructure – which include movements of goods. Encyclo Center ‘9 Encyclocenter is a new Article Directory site and is pleased to provide original and authoritative articles written by experts in their respective fields of expertise. March 31 – http://www.encyclocenter.com/Transportation-Transport-24131.html Transportation is the movement of people and goods from one place to another. Transportation infrastructure includes the transport networks like roads, railways, airways, waterways, canals, pipelines and the nodes or terminals, such as airports, railway stations, bus stations and seaports. 77 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 78 of 124 Infrastructure Topic Pipelines Are Transportation Homeland Security Networks consider pipelines to be “transportation infrastructure” Lowenberg ‘5 (et al; TIMOTHY J. LOWENBERG; Major General, The Adjutant General Director, Washington Military Department Washington Homeland Security Advisor – The Washington Statewide Homeland Security Strategic Plan – 2/22/2005 – http://okanogandem.org/documents/Washington/HLS%20Strategic%20Plan.pdf) Transportation – The state transportation infrastructure includes aviation, maritime, rail, bridges, highways, trucking, pipelines, and mass transit systems. There is a robust transportation system in Washington State, built upon a network of 81,300 miles of federal, state, and local roads. Washington State has the nation’s largest fleet of ferries. The state is also served by approximately 2,075 route miles of Class I railroad track and 1,115 miles of track operated by 17 short-line railroads, and two Amtrak Cascade trains. Washington State has 76 public port districts. The combined ports of Seattle and Tacoma are the second-largest container load centers in the United States. Agricultural commodities and other goods are also transported throughout the Puget Sound and river systems. We have 127 public airports, three seaplane bases, Seattle-Tacoma and Spokane International Airports, and a number of regional transportation airports. Pipelines are Transportation Christopher Carney, (U.S. Rep., Pennsylvania), UNCLOGGING PIPELINE SECURITY: ARE THE LINES OF RESPONSIBILITY CLEAR?, Hearing, Apr. 19, 2010, 1. The National pipeline system is an extensive mode of transportation. Virtually all the critical pipeline infrastructure is owned or operated by private entities. However, the Federal Government is responsible for regulating, securing and ensuring the safety of the National pipeline system. Pipelines are Transportation Cynthia Quarterman, (Administrator, U.S. Dept. of Transportation’s Hazardous Material Safety Administration), DOMESTIC OIL AND NATURAL GAS: ALASKAN RESOURCES, ACCESS AND INFRASTRUCTURE, June 2, 2011. Retrieved Feb. 25, 2012 from http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Hearing_Alaska_06_02_2011.pdf. Chairman Lamborn, Ranking Member Holt, members of the Subcommittee, thank you for the opportunity to appear today to discuss the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oversight of America’s 2.5-million-mile energy pipeline system. Safety is the number one priority of Secretary Ray LaHood, myself and the employees of PHMSA and we are all strongly committed to reducing transportation risks to the public and environment. Our Nation’s reliance on the safe and environmentally sound transportation of energy fuels and hazardous materials is increasing. Pipelines are Transportation Frank Baker, (Public Relations, British Petroleum), BP PIPELINES: AN ENERGY LIFELINE, Nov. 30. 2009. Retrieved Mar. 8, 2012 from http://www.bp.com/liveassets/bp_internet/globalbp/STAGING/global_assets/downloads/B/BPM_05 two_pipelines.pdf. Beneath the ground in America lays a vast network of pipelines that provide an extensive and efficient transportation infrastructure that is virtually invisible. With about five percent of the global population, America consumes a staggering one-fourth of the world’s daily energy production, more than 840 million gallons of petroleum products. 78 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 79 of 124 Infrastructure Topic Pipelines are Transportation Transportation infrastructure includes pipelines Iowa Public Television, FOSSIL FUELS, 2004. Retrieved Mar. 8, 2012 from http://www.iptv.org/exploremore/energy/profiles/fossil_fuels.cfm. Fossil fuels are also overwhelmingly responsible for fueling our transportation system. Petroleum-based fuels are the standard. Our country’s entire transportation infrastructure of pipelines and gas stations is built around fossil fuels. You can drive across the country and find a gas station to fill up your car. That infrastructure is one of the hurdles preventing new fuel sources from competing with fossil fuels. 79 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 80 of 124 Infrastructure Topic Pipelines Are Transportation Pipelines are Transportation Transportation infrastructure includes pipelines John D. Porcari, (Deputy Secretary, U.S. Dept. of Transportation), Sept. 15, 2010, ENBRIDGE PIPELINE OIL SPILL. Retrieved Feb. 25, 2012 from http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/DOTs%20Response%20to%20Enbridge %20Failure_Sept%2015%202010.pdf. The Department is actively working to ensure the safety and reliability of the nation’s pipeline transportation infrastructure and prevent spills on the 174,000 miles of hazardous liquid pipelines it oversees. Over the past 20 years, all the traditional measures of risk exposure have been rising -population, energy consumption, pipeline ton-miles. At the same time, the number of significant incidents involving onshore hazardous liquid pipelines has declined 28%, accompanying a decrease of 57% of gross barrels spilled. Pipelines are Transportation NaturalGas.org, THE TRANSPORTATION OF NATURAL GAS, Mar. 14, 2010. Retrieved Mar. 8, 2012 from http://www.naturalgas.org/naturalgas/transport.asp. As natural gas use increases, so does the need to have transportation infrastructure in place to supply the increased demand. This means that pipeline companies are constantly assessing the flow of natural gas across the U.S., and building pipelines to allow transportation of natural gas to those areas that are underserved. Pipelines are Transportation Olympic Pipeline, BEING A GOOD NEIGHBOR, Mar. 25, 2009. Retrieved Mar. 8, 2012 from http://www.olympicpipeline.com/neighbor_home.html. To meet both household and industrial consumption, pipelines silently transport half of all the petroleum products shipped domestically. Pipelines provide an extensive and efficient transportation infrastructure that is virtually invisible. They are an underground transportation system which connect the nation's petroleum producing, refining and marketing areas. The use of pipelines helps keep the costs of gasoline and other petroleum products down. Pipelines are vital to our nation's economy. Pipelines are Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA), CALL TO ACTION TO IMPROVE THE SAFETY OF THE NATION’S ENERGY PIPELINE SYSTEM, Apr. 13, 2011. Retrieved Feb. 25, 2012 from http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/110404%20Action%20Plan%2 0Executive%20Version%20_2.pdf. Like other aspects of America’s transportation infrastructure, the pipeline system is aging and needs a comprehensive evaluation of its fitness for service. Investments that are made now will ensure the safety of the American people and the integrity of the pipeline infrastructure for future generations. 80 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 81 of 124 Infrastructure Topic Pipelines are Transportation Rick Church, (Prof., Geography, U. California at Santa Barbara), CRITICAL TRANSPORTATION INFRASTRUCTURE, 2003. Retrieved Mar. 8, 2012 from http://www.ncgia.ucsb.edu/ncrst/meetings/20031201SBA-CTI2003/first.html. Transportation infrastructure includes for our purposes: road, rail, air and waterway infrastructure; pipelines; terminals, intermodal facilities and warehouses; delivery systems; control systems; infrastructure provisions to serve needs of critical hazardous/non-hazardous materials in transit 81 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 82 of 124 Infrastructure Topic Transportation Does Not Include Pipelines Infrastructure” has multiple categories --- “transportation” is distinct from energy, rendering pipeline Affs not topical. Heintz 9 (James, Associate Research Professor and Associate Director – Political Economy Research Institute, et al., “How Infrastructure Investments Support the U.S. Economy: Employment, Productivity and Growth”, January, http://americanmanufacturing.org/files/peri_aam_finaljan16_new.pdf) II. ASSESSMENT OF INFRASTRUCTURE NEEDS FOR THE U.S. In the previous section we looked at trends and patterns of public investment since 1950. We now examine what levels of infrastructure investment are required in the future to address expected needs and to fill the gap left by inadequate rates of past investment. We will then use this assessment of needs to develop policy scenarios and to estimate the employment impacts of an expanded infrastructure investment program. We will show, in later sections of the report, that a program of accelerated investment which aims to eliminate the country’s infrastructure deficit can generate millions of new jobs. In this section we focus on four broad categories of infrastructure and specific areas of investment within each category. The infrastructure categories are: 1. Transportation: the road system; railroads; aviation; mass transit; and inland waterways and levees; 2. Public school buildings; 3. Water infrastructure: drinking water, wastewater, and dams ; 4. Energy: electrical transmission, through all sources, including renewables, and natural gas pipeline construction. These categories constitute the most important components of U.S. economic infrastructure. In addition, public schools represent one of the most important pillars of the country’s social infrastructure, one with important implications for the long-run productivity of the economy’s human resources. Taken together, we capture the most important assets that collectively reflect the state of the nation’s infrastructure. In this section, we examine each of these areas in turn and then pull the information together to provide a more complete picture of infrastructure needs. Transportation Highways, Roads and Bridges The nation’s highways, roads, and bridges constitute the single most important transportation system for the U.S. population and economy. According to the Federal Highway Administration, the U.S. maintains 4 million miles of roads and nearly 600,000 bridges (Department of Transportation, 2006). In dollar terms, the Bureau of Economic Analysis estimates that the current value of public assets in road infrastructure totals $2.6 trillion. The Department of Transportation periodically evaluates the condition of the country’s roads, bridges, and transit systems in its report Status of the Nation’s Highways, Bridges, and Transit. According to the most report, 85 percent of roads are in ‘acceptable condition’ but only 44 percent were deemed to be in ‘good condition’. In 2004, 26.7 percent of bridges were considered to be structurally deficient and 13.6 percent were ‘functionally obsolete.’ The cost to maintain the U.S. road system in its current condition is estimated to be $78.8 billion a year. Current levels of annual investment are around $70.3 billion, a gap of $8.5 billion. The Department of Transportation has conducted research into the level of investment needed to minimize the costs associated with prolonged travel times, vehicle damage, accidents, and excessive emissions. Bringing the system up to this high-quality standard would require annual investment of $131.7 billion, an increase of $61.4 billion over current levels (Department of Transportation, 2006). Freight and intercity rail By 2035, demand for freight rail transportation is expected to double (AAR, 2007). Maintaining adequate infrastructure is essential if freight rail is to continue to provide a more environmentally benign alternative to long-distance trucking. Intercity passenger rail, mostly on trains operated by Amtrak, currently links over 500 cities nationwide and provides a viable alternative to air and road transport (Department of Transportation, 2007). Insufficient capital investment in freight and intercity rail would compromise the future contributions of railroads to the U.S. economy. In turn, these investment gaps would slow down the transition to a cleanenergy economy. Unlike road transportation, rail infrastructure is largely financed by private companies. Since the railroads were deregulated in the late 1970s, securing the funds for ongoing capital improvements has been a challenge. It is unclear to what extent railroad companies will be able to finance future fixed capital requirements from ongoing revenues (ASCE, 2005). If railroads cannot finance sufficient capital improvements, the growth in demand for rail services would shift onto the road system—increasing congestion, road maintenance costs, as well as increasing greenhouse gas emissions. A recent study by the Association of American Railroads projects that infrastructure investment of $148 billion is required in the next 28 years to be able to meet the projected level of demand (AAR, 2007). This translates into a capital investment need of $5.3 billion per year. The American Society of Civil Engineers estimates that investment needs of freight rail and intercity systems would total $12-13 billion a year over the next 20 years (ASCE, 2005). However, this estimate includes investments that would have taken place anyway, given historical trends. Therefore, we use the $5.3 billion figure as the best available estimate of the need for additional rail infrastructure in the future. Aviation According to forecasts compiled by the Federal Aviation Administration, the number of passengers flying on commercial airlines is expected to increases at an annual rate of 3.0 percent a year from 2008 to 2025 (FAA, 2008). By the end of this period, annual passenger travel is expected to reach 1.3 billion. This increase in volume will require capital investments in airport capacity and air traffic control systems if congestion and delays are to be minimized and passenger safety maintained. Updating the traffic control system has been ongoing since the mid-1980s, but the process has taken longer and required more investment than initially thought (ASCE, 2005). According to the results of a survey administered to the nation’s 100 largest airports by the Airports Council International (North American branch), annual capital investment needs over the period 2007-2011 total $17.5 billion (ACI, 2007). This represents a $3.2 billion increase over the assessment of annual investment needs from 2005 to 2009. The FAA estimates the shortfall in investment funds available to be somewhat lower: $1 billion per year from 2006-2011, based on airport master plans and ACI estimates (GAO, 2007). However, neither set of estimates include capital investment for security improvements and air traffic control systems, as documented by the ASCE (2005). Therefore, we use $3.2 billion a year in additional infrastructure as a reasonable estimate of investment needs in the absence of more comprehensive data. Mass transit Increased usage of public transportation is one of the most efficient ways to promote energy conservation in the United States. It is therefore a positive development that public transportation has been growing steadily in recent years. The increase in demand for public transportation accelerated sharply over 2007-08, as gas prices at the pump rose as high as $4.00 a gallon. But more generally, over the decade 1996-2005, passenger miles traveled with various forms of public transportation increased by over 20 percent (Department of Transportation, 2007) and usage is expected to rise faster in the future. Capital investments in transit have increased in recent years, particularly at the state and local level (Department of Transportation, 2006). Despite these improvements, public investment must increase further if the transit system is to be maintained, and beyond this, if public transportation is to become an increasingly significant means of promoting energy conservation. According to the 2006 Status of the Nation’s Highways, Bridges, and Transit, transit investments must total $15.8 billion a year just to maintain the current operating system. This would represent an increase of $3.2 billion a year over current levels. But to meet government operational and performance targets by 2024, annual investments must grow to $21.8 billion, requiring an additional $9.2 billion. Inland waterways and levees Approximately 2.6 billion short tons of commodities are transported on U.S. navigable waterways each year—an extremely cost-efficient transportation system (Army Corps of Engineers, 2005). The Army Corps of Engineers maintains and operates the inland waterway system which includes 257 lock systems nationwide, the average age of which is 55 years. According to the American Society of Civil Engineers, by 2020 80 percent of the lock systems will be functionally obsolete without new infrastructure investments (ASCE, 2005). The estimated cost of updating all the lock systems is $125 billion. In addition, the Army Corps of Engineers assess the state of the nation’s levees and flood control systems, amounting to 2,000 levees totaling 13,000 miles, which include projects built and maintained by the Corps of Engineers; projects built by the Corps of Engineers and subsequently transferred to a local owner to maintain; and projects built by local communities. In 2007, the Corps identified 122 levees, across the country, which are in need of additional maintenance and repair.4 The investment needed to update the lock system combined with an additional $30 billion to improve the nation’s levees would total $155 billion, or about $6.2 billion annually over the next 25 years. 82 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 83 of 124 Infrastructure Topic Transportation Does Not Include Pipelines Pipelines fall into a category of Energy infrastructure – which is distinct from transportation Akinwale ‘10 (Akeem Ayofe, Professor of Sociology – Covenant University (Nigeria), “The Menace of Inadequate Infrastructure in Nigeria”, African Journal of Science, Technology, Innovation, and Development, 2(3), p. 209-210) 3. The Concept of Infrastructure Research on infrastructure dwells on different issues such as education, roads, water supply, power grids, telecommunications, and hospitals (Abosedra et al, 2009; Mandel, 2008; Frischmann, 2007; CBN, 2003; Pendse, 1980). Major infrastructures can be classified into the following categories : 1. Energy/Power Infrastructure: electricity, gas and petroleum pipelines 2. Transportation Infrastructure: surface roads, rail system, ports, 3. Water Infrastructure: Piped water and irrigation 4. Communication Infrastructure: mass media, internet, phones, and postal services 5. Health Infrastructure: primary, secondary and tertiary heath care services 6. Education Infrastructure: all categories of schools and higher institutions and aviation Including pipelines as transportation de-limits – brings in a host of utilities infrastructure Affs. Inderst ‘9 (Georg, Financial Affairs Division – Organisation for Economic Co-operation and Development, “Pension Fund Investment in Infrastructure”, OECD Working Paper, No. 32, January, http://www.oecd.org/dataoecd/41/9/42052208.pdf) Definition of infrastructure assets The definition of infrastructure investment seems intuitive. The OECD uses a simple and general definition for infrastructure as the system of public works in a country, state or region, including roads, utility lines and public buildings. A standard dictionary‘s definition is: ―The basic facilities, services, and installations needed for the functioning of a community or society, such as transportation and communications systems, water and power lines, and public institutions including schools, post offices, and prisons.‖ (American Heritage Dictionary). Infrastructure assets are traditionally defined by their physical characteristics . One can split them into two main categories, and a range of sectors within those: Economic infrastructure transport (e.g. toll roads, airports, seaport, tunnels, bridges, metro, rail systems) utilities (e.g. water supply, sewage system, energy distribution networks, power plants, pipelines , gas storage) Social infrastructure education facilities There is a lot of variety within infrastructure if it is defined by its physical nature, and people disagree what exactly should or should not count as infrastructure asset. For example, do utility companies count as infrastructure? When their activities span production, distribution and networks, where is the dividing line? More generally, where does public infrastructure end and private infrastructure start? 83 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 84 of 124 Infrastructure Topic Transportation Does Not Include Pipelines Pipelines are not “transportation infrastructure” --- they’re “energy” US Chamber of Commerce ‘10 (United States Chamber of Commerce, “Transportation Performance Index – Summary Report”, 9-23, http://www.uschamber.com/sites/default/files/lra/files/LRA_TPI%20_Summary_Report%20Final%20092110. pdf) Step 1 – Definition : Transportation Infrastructure It is important to establish a definition of transportation infrastructure in order to establish the scope of the index. General Definition: Moving people and goods by air, water, road, and rail. Technical Definition: The fixed facilities―roadway segments, railway tracks, public transportation terminals, harbors, and airports―flow entities―people, vehicles, container units, railroad cars―and control systems that permit people and goods to traverse geographical space in a timely, efficient manner for an intended purpose. Transportation modes include highway, public transportation, aviation, freight rail, marine, and intermodal. Note that pipeline infrastructure is not included in this definition. For purposes of the Infrastructure Performance Index it is considered an element of energy infrastructure . Too Many Subsets of Pipelines --- there’s oil, gas, and sub-specifications Pipeline 101 ‘7 (“Overview”, http://www.pipeline101.com/overview/energy-pl.html) How Many Pipelines are There? There are two general types of energy pipelines – oil pipelines and natural gas pipelines. Within each group are subsets that serve very specific portions of the energy marketplace. Within the oil pipeline network there are both crude oil lines and refined product lines. Pipelines can be built in any region, multiplying type by location --- tens of thousands exist Corbin ‘12 ( (Cristina, Reporter – Fox News, “Vast Network of Pipelines Already in Place in U.S.”, Student News Daily, 2-2, http://www.studentnewsdaily.com/daily-news-article/vast-network-of-pipelines-already-in-place-in-u-s/) “There’s no shortage of energy pipelines,” Dan Kish, senior vice president for policy at the Institute for Energy Research, told FoxNews.com. “This pipeline would be better than 1.9 million miles of pipeline already in the United States. It’s newer and has the best technology.” Pipelines in the U.S. Maps of the U.S. energy pipeline system show a vast abundance of crude oil pipelines crossing through states like Montana to Minnesota to Texas. [NOTE: Map on left too small to read which types of pipelines each color represents; this is to give you a general understanding of where most of our pipelines are located. For a detailed map, click here and scroll down.] Major oil pipelines include a 9,467-mile network operated by Magellan Pipeline Co. LLC; a 7,833-mile system owned by MidAmerican Energy Company; and 7,646 miles of pipeline owned by Plains All-American Pipeline LP. Other top oil pipeline companies include ConocoPhillips with 6,027 miles and Colonial Pipelines with 5,596 miles. Kish said underground pipelines are the safest way to transport crude oil, though he acknowledged that “whenever you have any kind of human endeavor, you have potential problems and they do occur.” “We have tens of thousands of pipeline and I don’t think there’s any good evidence that pipelines are a significant impact on ecosystems to the point that they can’t adapt,” said Kenneth Green, resident scholar at the A merican E nterprise I nstitute. 84 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 85 of 124 Infrastructure Topic Transportation - Not Bicycles Bicycles are not transportation Mary Peters, (U.S. Secretary of Transportation), PBS NEWSHOUR, Aug. 15, 2007. Retrieved Mar. 8, 2012 from http://www.pbs.org/newshour/bb/transportation/july-dec07/infrastructure_0815.html. There's about probably some 10 percent to 20 percent of the current spending that is going to projects that really are not transportation, directly transportation-related. Some of that money is being spent on things, as I said earlier, like bike paths or trails. 85 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 86 of 124 Infrastructure Topic ***Infrastructure*** 86 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 87 of 124 Infrastructure Topic Infrastructure - Many Meanings “Infrastructure” has multiple meanings Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 14 The term “infrastructure” is often ambiguous as it is widely used in different context. In every day usage, it tends to refer to a wide range of things from military installations, information technology, buildings to physical networks such as transportation and water systems. Development economists often refer to infrastructure as “social overhead capital” described as investments in networks such as transportation, water and sewerage, power, communication and irrigation systems. Multiple meanings of infrastructure Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 14 Sloman defined infrastructure as “the facilities, support services, skills, and experience that supports a particular industry.” The New Collins Dictionary and Thesaurus defined infrastructure as “the basic structure of an organization, systems, etc., or the stock of fixed capital equipment in a country including factories, roads, schools, etc. considered as a determinant of economic growth.” Miller (2000) defined the term “infrastructure” in a broad sense to mean collectively: capital facilities such as buildings, housing, factories and other structures which provide shelter; the transportation of people, goods and information; and the provision of public services and utilities such as water, waste removal and environmental restoration. These variations illustrate the considerable difficulties in trying to understand the concept of infrastructure, and its operationalization for policymaking. It also reflects the need for a holistic approach in defining the concept of infrastructure. Infrastructure Defined by Congress John Moteff, Claudia Copeland, and John Fischer. Resources, Science, and Industry Division. Congressional Research Service. ―Critical Infrastructures: What Makes an Infrastructure Critical? January 29, 2003. Accessed online: http://www.fas.org/irp/crs/RL31556.pdf The Council established by P.L. 98-501 provided yet another definition of infrastructure and included nine categories of systems in its analyses: highways, streets, roads, and bridges; airports and airways; public transit; intermodal transportation (the interface between modes); water supply; wastewater treatment; water resources; solid waste; and hazardous waste services. These categories, the Council said, have strong links to economic development and generally have a tradition of public sector involvement. Facilities have high fixed costs and long economic lives. Taken as a whole, according to the Council, the services that they provide ―form the underpinnings of the nation‘s defense, a strong economy, and our health and safety.‖35 Infrastructure definition is broad Roger Kemp, (City Manager, Berlin, Connecticut), HOW SAFE IS AMERICA’S INFRASTRUCTURE?, 2009, 22. 87 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 88 of 124 Infrastructure Topic The term infrastructure refers to the basic facilities and installations necessary for society to operate. It includes transportation and communication systems (highways, airports, bridges, telephone lines, cellular telephone towers, post offices, and so forth); educational and health facilities, water, gas, and electrical systems (dams, power lines, power plants, aqueducts, and the like); and miscellaneous facilities such as prisons, asylums, national park structures, and other improvements to real property owned by government. Infrastructure includes many things Nathan Musick, (Economist, Congressional Budget Office), PUBLIC SPENDING ON TRANSPORTATION AND WATER INFRASTRUCTURE, 2010, iii. The nation's transportation and water infrastructure—its highways, airports, water supply systems, wastewater treatment plants, and other facilities—plays a vital role in the economy. Infrastructure is an expansive term Jeffrey W. Monroe, (Editor), DICTIONARY OF MARITIME AND TRANSPORTATION TERMS, 2005, 223. Infrastructure: System of roads, waterways, airfields, ports, and/or telecommunication networks in a certain area. 88 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 89 of 124 Infrastructure Topic Infrastructure – Many Meanings Infrastructure is an expansive term Kathleen Thompson Hill, (Visiting Scholar, U. of Berkeley’s Institute of Governmental Studies), FACTS ON FILE DICTIONARY OF AMERICAN POLITICS, 2001, 147. 147. Infrastructure: The American network of highways, bridges, rail systems, and anything else that connects parts of the vast United States, its utilities, and economies. Infrastructure means many things Sidney Landau, (Sr. Editor), CAMBRIDGE DICTIONARY OF AMERICAN ENGLISH, 2nd ed., 2008, 447. Infrastructure: The basic structure of an organization or system which is necessary for its operation, esp. public water, energy, and systems for communication and transport. List of infrastructure items Nathan Musick, (Economist, Congressional Budget Office), PUBLIC SPENDING ON TRANSPORTATION AND WATER INFRASTRUCTURE, 2010, ix. For the purposes of this study, transportation and water infrastructure encompasses infrastructure for all forms of surface transportation (highways, mass transit, rail, and waterways), aviation, water resources (such as dams and levees), and water distribution and wastewater treatment. Infrastructure refers to fixed assets Jay M. Shafritz, (Editor), THE HARPERCOLLINS DICTIONARY OF AMERICAN GOVERNMENT AND POLITICS, 1992, 296. Infrastructure: A general term for a jurisdiction’s fixed assets, such as bridges, highways, tunnels, and water treatment plant. Infrastructure includes power plants William Safire, (Staff, New York Times), SAFIRE’S POLITICAL DICTIONARY, 2008, 344. Infrastructure: A political entity’s skeleton: the roads, communication systems, schools, power plants, and other facilities on which a modern community depends. Infrastructure refers to underlying foundation Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 765 Infrastructure: The basic structural foundations of a society or enterprise; substructure or foundation. Infrastructure refers to underlying foundation Kathleen Thompson Hill, (Visiting Scholar, U. of Berkeley’s Institute of Governmental Studies), FACTS ON FILE DICTIONARY OF AMERICAN POLITICS, 2001, 147. Infrastructure: Substructure or underlying foundation. 89 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 90 of 124 Infrastructure Topic Infrastructure means roads and bridges Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 765 Infrastructure: Roads, bridges, sewers, etc., regarded as a country’s economic foundation. 90 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 91 of 124 Infrastructure Topic Infrastructure – Includes Hydrogen Infrastructure includes a hydrogen fueling system Jeff Wise, (Staff, Popular Mechanics), RENEWABLE ENERGY: OPPOSING VIEWPOINTS, 2009, 111. When assessing the State of the Union in 2003, President Bush declared it was time to take a crucial step toward protecting our environment. He announced a $1.2 billion initiative to begin developing a national hydrogen infrastructure: a coast-to-coast network of facilities that would produce and distribute the hydrogen for powering hundreds of millions of fuel cell vehicles. Backed by a national commitment, he said, "Our scientists and engineers will overcome obstacles to taking these cars from laboratory to showroom, so that the first car driven by a child born today could be powered by hydrogen, and pollution-free." Infrastructure includes a hydrogen fueling system John Ogden, (Prof., Environmental Science, U. of California, Davis), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 464. To design and cost hydrogen infrastructure, it is necessary to specify where hydrogen demand would occur. We assume that early hydrogen infrastructure is likely to be built in a phased or regionalised manner where hydrogen vehicles and stations are initially introduced in selected large cities, beginning with those cities like Los Angeles and New York (with interest and motivation to implement hydrogen) and moving to other cities over time. Infrastructure includes a hydrogen fueling system John Ogden, (Prof., Environmental Science, U. of California, Davis), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 475-476. We find that the cumulative investment needed to reach this 'break-even' year is about $23 billion. (After this time, the cash flow is positive, so the net effect on the economy is positive. Thus $23 billion could be seen as the amount of support that would be needed to bring the H2 FCVs to economic parity with gasoline vehicles.) The total investment in extra vehicle first costs over this 11-year period is about $40 billion, while the total capital investment in hydrogen infrastructure to 2023 is about $8 billion. Infrastructure includes a hydrogen fueling system Martin Wietschel, (Coordinator, Energy Economics Unit, Fraunhofer Institute for Systems and Innovation Research), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 258. There are numerous demonstration projects for the use of hydrogen in the transport sector, with the aims of gaining first experiences with the operation of hydrogen vehicles, testing a hydrogen infrastructure (i.e., hydrogen supply and operation of refuelling stations) under real-world conditions and promoting public perception and acceptance. Hydrogen refuelling stations can be separated into stationary and mobile ones. Mobile stations demand less capital investment, allow flexible refuelling and are ideal for fuel-cell vehicle demonstrations. They supply compressed hydrogen to hydrogen refuelling stations, thus being suitable for mother—daughter stations. 91 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 92 of 124 Infrastructure Topic Infrastructure includes a hydrogen fueling system Michael Hordeski, (Engineer, Formerly with NASA), HYDROGEN AND FUEL CELLS: ADVANCES IN TRANSPORTATION AND POWER, 2009, 124. The problems facing the development of a hydrogen infrastructure include the lack of demand for cars and trucks with limited fueling options and any incentive to invest in a fueling infrastructure unless there are enough vehicles on the road. 92 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 93 of 124 Infrastructure Topic Infrastructure – Includes Hydrogen Infrastructure includes a hydrogen fueling system Michael Hordeski, (Engineer, Formerly with NASA), HYDROGEN AND FUEL CELLS: ADVANCES IN TRANSPORTATION AND POWER, 2009, 127. One of Ford's partners, Virginia-based Directed Technologies directed Ford to build that cars that carry hydrogen gas, eliminating the need for costly and bulky reformers. Along with onboard hydrogen storage, they also hold that the problems of building the hydrogen infrastructure can be overcome. Infrastructure includes a hydrogen fueling system Michael Ball, (Ph.D., Researcher, Institute for Systems and Innovation Research), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 40. In particular, there are various factors that are very critical for the transition towards a hydrogen economy, in particular the build-up of a hydrogen infrastructure. Under the premise that cost-efficient hydrogen vehicles are available — which certainly requires a significant cost reduction of fuel-cell-based drive trains (among other technical challenges, such as hydrogen storage on board to achieve acceptable driving ranges) — a crucial prerequisite for the introduction of hydrogen as alternative fuel is the implementation of a supply infrastructure, that comprises its production (including feedstock preparation), its distribution and the installation of refuelling stations. The implementation of an operational infrastructure will require considerable investments over several decades and especially involves a high investment risk regarding the future increase of hydrogen demand. Infrastructure includes a hydrogen fueling system Michael Ball, (Ph.D., Researcher, Institute for Systems and Innovation Research), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 385-386. Developing a hydrogen infrastructure involves selecting user centres, deciding on a mix of production technologies, siting and sizing production plants, selecting transport options and locating and sizing refuelling stations. Integrating all this into an existing energy system constitutes a challenging task for the introduction of hydrogen as an energy carrier. Infrastructure includes a hydrogen fueling system Michael Ball, (Ph.D., Researcher, Institute for Systems and Innovation Research), THE HYDROGEN ECONOMY: OPPORTUNITIES AND CHALLENGES, 2009, 387. Significant advances in fuel-cell technology and increasing concern about future energy supplies have recently made hydrogen a serious alternative, especially with regard to meeting future fuel demand in the transport sector. Correspondingly, instruments have begun to be developed in recent years to support planning and decision-making in setting up a hydrogen infrastructure, its integration into the existing energy system and an estimation of the energy-economic consequences of a hydrogen economy. 93 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 94 of 124 Infrastructure Topic Infrastructure includes a hydrogen fueling system Michael Hordeski, (Engineer, Formerly with NASA), HYDROGEN AND FUEL CELLS: ADVANCES IN TRANSPORTATION AND POWER, 2009, viii. Building a hydrogen infrastructure in the 21st century may be like building railroads in the 19th century or the interstate highway system in the 20th century. There will be a point relatively soon when funding decisions become more important than technology issues. 94 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 95 of 124 Infrastructure Topic Infrastructure – Includes Hydrogen Infrastructure includes a hydrogen fueling system Ming Gao, (Blade Energy Partners), HYDROGEN FUEL: PRODUCTION, TRANSPORT, AND STORAGE, 2009, 372. A hydrogen infrastructure will require a minimum of two types of storage, which will include a local distribution (bulk) storage and vehicular storage. There are multiple hydrogen pathway options, and one possible pathway is a central hydrogen production plant that transports to local refueling locations. Another option is decentralized hydrogen production to replenish local distribution centers. Either way there will be requirements for local bulk storage, where the volumetric and gravimetric requirements will be determined by the transportation and distribution models that are finally adopted. Transportation infrastructure includes hydrogen Marshall Miller, (Researcher, Hydrogen Pathways Program, Institute of Transportation Studies, U. California at Davis), CLEAN HYDROGEN FOR TRANSPORTATION APPLICATIONS, Mar. 2006, vi. Hydrogen fueling stations are the building blocks of a hydrogen transportation infrastructure. While their primarily function is to provide hydrogen fuel for vehicles, this goal can be achieved in several different ways. For instance, some stations produce hydrogen on-site while others have fuel delivered from centralized production plants in liquid or gaseous form. Hydrogen can also be produced from a variety of feedstocks, such as water and electricity, natural gas, or bio- mass (e.g., agricultural waste, wood clippings). 95 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 96 of 124 Infrastructure Topic Infrastructure - Physical Structures Infrastructure: physical and organizational structures Pamela A. Collins & Ryan K. Baggett, Department of Homeland Security, 2009, Homeland Security and Critical Infrastructure Protection, p. 5 The term “infrastructure,” as defined by the Oxford Pocket Dictionary of Current English, is the basic physical and organizational structures and facilities (e.g., buildings, roads, and power supplies) needed for the operation of a society or enterprise. Prior to the events of September 11, 2001, the term “infrastructure” primarily referred to the US public works system, which included systems such as roadways, bridges, water and sewer systems, airports, seaports, and public buildings. These earlier references often were put in a context of the concern for their “deteriorating, obsolete, and insufficient capacity.” 96 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 97 of 124 Infrastructure Topic Infrastructure - Not Limited to Physical Infrastructure Physical infrastructure is one category of infrastructure Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 1 The term “infrastructure” is generic and it can be interpreted broadly as physical, personal and institutional. This book focuses on physical infrastructure provided in the form of civil engineering and building projects. Broadly speaking, these works concern economic infrastructure such as transportation, energy, water, telecommunications and the provision of trade and social infrastructure, specifically public administration, commercial, industrial, healthcare, education and residential buildings. Infrastructure includes physical, institutional and human components Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 14 The most elaborate attempt at a systematic definition was provided by Jochimsen (1966) who defined infrastructure as “the sum of all basic material structures, institutional conditions and human resources available to society, needed for the proper functioning of the economic sector.” Jochimsen further distinguished between three components of infrastructure that are interrelated—institutional infrastructure, personal infrastructure and physical infrastructure. Infrastructure includes institutional, personal and physical Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 15-8 Institutional infrastructure sometimes referred to as social or institutional capital relates to the system of informal and formal rules that govern an organization or a country. Personal infrastructure refers to “human capital” – the stock of tacit and explicit knowledge and skills embodied in the workforce, nurtured through investments in education, training, and supported by health and other social services. Physical infrastructure or physical capital comprises all physical elements of buildings, structures, and networks—transportation, power supply, sewerage and telecommunication systems, hospital and industrial buildings etc. The understanding of the relationship between these components is crucial in policy making and the delivery of infrastructure services. For example, in the context of delivering healthcare services, providing doctors and nurses, financing systems and the physical infrastructure (hospital buildings) are not sufficient. It is the service derived investment in water, sanitation, irrigation, basic health and education projects. As development progresses, the relative share of investment in power, transport, communication, tertiary education, specialist healthcare, sports, entertainment and leisure increases. 97 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 98 of 124 Infrastructure Topic There are two basic components to infrastructure development. Provision relates to the strategic planning, regulating and monitoring of the level of services. The level of provision and the types of infrastructure projects selected are influenced by various factors. For example, in education projects the key drivers could be attainment level, literacy rate, retention and absenteeism, and changing employment patterns. In healthcare projects, the drivers could be change of technology, hospitalization rates, level of curative and preventive care, mortality and death rates. These drivers underpinning policy objectives are the key to infrastructure provision, prioritizing infrastructure and identifying actual projects. Production involves transforming infrastructure projects through design and construction, and then maintaining the completed facilities for service delivery. 98 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 99 of 124 Infrastructure Topic Infrastructure - Not Limited to “Public” Financing/Ownership Transportation infrastructure not limited to public financing Rodney Howes & Herbert Robinson, Professors London South Bank University, 2009, Infrastructure for the Built Environment: Global Procurement Strategies, p. 14 Development economists often refer to infrastructure as “social overhead capital” described as investments in networks such as transportation, water and sewerage, power, communication and irrigation systems. From an economic standpoint, the production of such networked facilities are capital-intensive, traditionally owned and managed by the public sector; hence they are sometimes called public infrastructure facilities can now be privately owned and managed. The implication is that this narrow definition of infrastructure focusing on public infrastructure capital which is often referred to as “social overhead” is problematic since it only represents part of the infrastructure provision. There are a variety of definitions for infrastructure from an industrial or national perspective. Infrastructure is both public and private Roger Kemp, (City Manager, Berlin, Connecticut), HOW SAFE IS AMERICA’S INFRASTRUCTURE?, 2009, 22. In the United States, the infrastructure is divided into private and public sectors; in the latter case, it is divided again between facilities owned by municipal, county, state, and federal governments and many special district authorities such as the Port Authority of New York and the Los Angeles Department of Water and Power, to name a few. 99 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 100 of 124 Infrastructure Topic Infrastructure – Includes Military Infrastructure includes military Erin McKean, (Sr. Editor), THE OXFORD AMERICAN DICTIONARY AND THESAURUS, 2003, 765 Infrastructure: Permanent installations as a basis for military, etc., operations. Infrastructure includes the military Ian Brookes, (Sr. Editor), THE CHAMBERS DICTIONARY, 10th ed., 2006, 764-765. Infrastructure: Inner structure, structure of component parts; a system of communications and services as backing for military, commercial, etc. operations. Infrastructure includes the military Jay M. Shafritz, (Editor), THE HARPERCOLLINS DICTIONARY OF AMERICAN GOVERNMENT AND POLITICS, 1992, 296. Infrastructure: The permanent installations and facilities for the support, maintenance, and control of naval, land, or air forces. Infrastructure includes the military Jean McKechnie, (Sr. Editor), WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY, UNABRIDGED, 2nd Ed., 1979, 941. Infrastructure: A substructure or underlying foundation; especially the basic economic, social, or military facilities and installations of a community, state, etc. 100 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 101 of 124 Infrastructure Topic Infrastructure - Includes Air Transportation Air transportation infrastructure includes Aleksandra Mozdzanowska & R. John Hansman, Graduate Student & Professor-MIT, 2007, Handbook of Transportation Policy and Administration, ed. J. F. Plant, p. 12 The air transportation system is comprised of operators and a supporting infrastructure. Operators use aircraft to transport people and cargo within the system. The supporting infrastructure includes airport facilities, air traffic control, communication, navigation, and surveillance technologies, as well as weather tracking and prediction systems. Air traffic control infrastructure includes communication, navigation and surveillance Aleksandra Mozdzanowska & R. John Hansman, Graduate Student & Professor-MIT, 2007, Handbook of Transportation Policy and Administration, ed. J. F. Plant, p. 19 Communications, navigation, and surveillance (CNS) are critical for supporting air traffic control. In order to maintain separation between aircraft and issue clearances, air-traffic controllers need to be able to communicate with pilots and see the positions of aircraft they are controlling. Pilots need navigation equipment to know where they are and follow the instructions to given to them by controllers. Figure 2.10 shows a schematic on the components of CNS, ATC, and their interactions. Currently air traffic control is conducted from the ground and all communications go between ground and air. Most navigation and surveillance infrastructure is ground-based as well. This focus on groundbased technologies is a result of the historical evolution of the air transportation system and is now slowly changing to include more satellite-based technologies. 101 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 102 of 124 Infrastructure Topic Infrastructure Includes Freight Transportation Types of freight transportation infrastructure Preston L. Schiller, Eric C. Bruun & Jeffrey R. Kenworthy, Professors at Queen’s University, University of Pennsylvania & Curtin University, 2010, An Introduction to Sustainable Transportation: Policy, Planning and Implementation, p. 127 The major forms of US freight transport infrastructure and some of the types within each are as follows: --roads: limited access, interstate, urban, rural, paved, unpaved (the US Interstate System is also a limited-access road system, but distinctly separate): --rail lines: Class 1 – major freight and passenger, short lines (Class 1 railroads are very large railroads with networks spanning significant portions of the continent, while short lines operate only locally with connections to larger railroads; in the US, Amtrak is the only national passenger railroad, operating on Class 1 railroads, with the exception of the Northeast Corridor); --inland waterways (major canals and locks, navigable channels); --seaports (large containerized; special ports for bulk such as coal, minerals, lumber, steel products, grains, etc.; and special, sometimes offshore, oil and oil products ports); --airports (commercial, shared military-commercial, private non-commercial); --pipelines (mostly for oil and gas). 102 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 103 of 124 Infrastructure Topic Demand Measures Are an Alternative to Expanding Infrastructure Tdm measures are an alternative to expanding infrastructure Kenneth Button & Henry Vega, School of Public Policy-George Mason University, 2008, The Implementation and Effectiveness of Transport Demand Management Measures: an international perspective, eds. S. Ison & T. Rye, p. 31 To reduce urban road traffic congestion, national and local authorities have gradually been turning to policies with a degree of economical rationale underpinning them, rather than simply trying to build their way out of problems, or providing ever increasing amounts of subsidies to public transportation (Gomez-Ibanez and Small, 1994). In particular, there have been moves to use Road Pricing as a tool for rationing scarce road space to those who gain most from its use. 103 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 104 of 124 Infrastructure Topic ***Investment*** 104 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 105 of 124 Infrastructure Topic Investment – Money Investment refers to money Jean McKechnie, (Sr. Editor), WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY, UNABRIDGED, 2nd Ed., 1979, 966. Investment: The laying out of money in the purchase of some kind of property. Investment presumes expectation of profit Ian Brookes, (Sr. Editor), THE CHAMBERS DICTIONARY, 10th ed., 2006, 784. Investment: Any placing of money to secure income or profit. Investment refers to money used for the purpose of obtaining a profi Jean McKechnie, (Sr. Editor), WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY, UNABRIDGED, 2nd Ed., 1979, 966. Invest: To put money into business, real estate, stocks, bonds, etc., for the purpose of obtaining an income or profit. Investment refers to effort as well as money Sidney Landau, (Sr. Editor), CAMBRIDGE DICTIONARY OF AMERICAN ENGLISH, 2nd ed., 2008, 460. Invest: To put money or effort into something to make a profit or achieve a result. National Infrastructure Bank constitutes investment in transportation infrastructure Clifford Winston, (Sr. Fellow, Brookings Institution), LAST EXIT: PRIVATIZATION AND DEREGULATION OF THE U.S. TRANSPORTATION SYSTEM, 2010, 164. Policymakers, however, are currently focused on national fundraising strategies for infrastructure investments—particularly for highways—that include a National Infrastructure Bank, grants from the American Recovery and Reinvestment Act of 2009 (popularly known as the stimulus bill), and taxes on vehicle-miles traveled. As noted, $8 billion of stimulus funds has already been appropriated to expand high-speed rail service without conducting any serious economic analysis. Such spending would do little to address the vast inefficiencies in the system and would entail considerable waste. 105 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 106 of 124 Infrastructure Topic Increased Investment Does Not Increase Investment Increasing efficiency does not necessarily increase revenue for investment Transportation Research Board, 2006, The Fuel Tax and Alternatives for Transportation Funding, p. 2 The committee did not estimate how much governments should spend on transportation and did not interpret its task as devising revenue mechanisms to support an increased level of spending. There is no certainty that finance reform in the direction of improving the efficiency of transportation would increase revenues. A reformed finance system would remain subject to many of the external political and economic constraints that limit the revenue potential of the present system. However, reform would help transportation agencies to manage capacity and too target investment to projects with the greatest benefit to the public. Each dollar spent would be more effective and services would improve, and it is conceivable that the public would be willing to pay more for transportation programs that worked better. 106 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 107 of 124 Infrastructure Topic Federal Freight Fee Does Not Increase Federal Investment Federal freight fee does not increase federal investment Patricia A. Dalton, Managing Director-Physical Infrastructure Team, GAO, 2008, House Hearing: Financing Infrastructure Investments, May 8, p. 70-1 Freight Fees. Given the importance of freight movement to the economy, the Policy Commission recently recommended a new federal freight fee to support the development of a national program aimed at strategically expanding capacity for freight transportation. While the volume of domestic and international freight moving through the country has increased dramatically and is expected to continue growing, the capacity of the nation’s freight transportation infrastructure has not increased at the same rate as demand. To support the development of a national program for freight transportation, the Policy Commission recently recommended the introduction of a federal freight fee. The Policy Commission notes that a freight fee, such as a per-container charge, could help fund projects that remedy chokepoints and increase throughput. The Policy Commission also recommended that a portion of the customs duties, which are assessed on imported goods, be used to fund capacity improvements for freight transportation. The majority of customs duties currently collected, however, are deposited in the US Treasury’s general fund for the general support of federal activities. Therefore, designating a portion of customs duties for surface transportation financing would not create a new source of revenue, but rather transfer funds from the general fund. 107 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 108 of 124 Infrastructure Topic ***Transportation Infrastructure*** 108 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 109 of 124 Infrastructure Topic Transportation Infrastructure – Stuff Included Transportation infrastructure includes dams and water supply Rahall Appalachian Transportation Institute of Marshall University, TRANSPORTATION INFRASTRUCTURE SYSTEMS, 2012. Retrieved Mar. 8, 2012 from http://www.njrati.org/programs/transportation-infrastructure-systems/. Transportation Infrastructure includes bridges, roads, rail, mass transit, dams, energy production, water supply, levees, and aviation, which serves all modes of transportation. Transportation infrastructure includes cars/trains, etc. Scott Huler, (Journalist), ON THE GRID, 2010, 194. Transportation may not seem like infrastructure—it rides on infrastructure, to be sure, but is it infrastructure itself? It felt like it to me: Getting stuff and people around is a fundamental part of human life. But the trains that I hear squealing all night long, the airport that gets me hither and yon, and the buses that sort of enable me to get around if I have absolutely no other options seemed like the last systems to investigate. For example, when the local nuclear plant is turned off, my electricity probably comes from nearby coal plants whose fuel trundles through the railyard near my house, and my Thanksgiving turkey is probably fed by grain that moves by rail too. The bus running downtown might not be a big part of my life, but it's a big part for the people who depend on it. And considering how large a role shoehorning kids, carry-ons, and bags of overpriced snacks into cruelly undersized aircraft plays in my life, how could the air travel system not be infrastructure? List of items in the transportation infrastructure City of Denver Public Works Department, COMPLETE STREETS, May 17, 2011. Retrieved Mar. 7, 2012 from http://www.completestreets.org/webdocs/policy/cs-co-denver-policy.pdf. Transportation infrastructure is defined as any facility designed for transporting people and goods including, but not limited to, sidewalks, trails, bike lanes, highways, streets, bridges, tunnels, railroads, mass transportation, and parking systems. List of items in the transportation infrastructure Ryan Orr, (Dir., Collaboratory for Research on Global Projects), ENABLING USER-FEE BACKED TRANSPORTATION FINANCE IN CALIFORNIA, Jan. 2008. Retrieved Mar. 7, 2012 from http://crgp.stanford.edu/publications/working_papers/Orr_Keever_Enabling_User_Fee_Backed _Transportation_Finance_wp0041.pdf. Here transportation infrastructure is defined as “any fixed physical asset designed for transporting people and goods including highways, arterial streets, bridges, tunnels, and mass transportation systems. List of items in the transportation infrastructure Susanne Trimbath, (Prof., Economics, Bellevue U.), TRANSPORTATION INFRASTRUCTURE: PAVING THE WAY, 2011, 9. The process, detailed in the [U.S. Chamber of Commerce] Technical Report last summer (US Chamber 2010), is basically this: Clearly define “transportation infrastructure” as the underlying structures that support the delivery of inputs to places of production, goods and services to 109 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 110 of 124 Infrastructure Topic customers, and customers to marketplaces. The structures are: transit, highways, airports, railways, waterways (ports), intermodal links. List of items included in the transportation infrastructure Office of Management and Budget, WIN THE FUTURE WITH A 21ST CENTURY INFRASTRUCTURE, 2012. Retrieved Mar. 7, 2012 from http://www.whitehouse.gov/omb/factsheet/21st-centuryinfrastructure. Key elements of the nation’s surface transportation infrastructure — our highways, bridges, and transit assets — fall short of a state of good repair. This can impact the capacity, performance, and safety of our transportation system. 110 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 111 of 124 Infrastructure Topic Transportation Infrastructure – Stuff Included Transportation infrastructure includes a limited list of items Laura Braden, (Staff, Building America’s Future Educational Fund), BUILDING AMERICA’S FUTURE, 2011. Retrieved Mar. 8, 2012 from http://www.bafuture.org/. America's transportation infrastructure includes our highways, bridges, tunnels, railways, airports, transit systems, ports, and freight goods movement. Transportation infrastructure includes carbon dioxide transport for sequestration Ah-Hyung Alissa Park, (Prof., Engineering, Columbia U.), HYDROGEN FUEL: PRODUCTION, TRANSPORT, AND STORAGE, 2009, 588. Once the CO2 is captured and compressed, it needs to be transported to the sequestration or utilization locations, unless the capture and sequestration processes are located at the same site. A CO2 transportation infrastructure could be done with a rather conventional approach. Transportation infrastructure includes a system of fuel delivery Andrew Morriss, (Prof., Business, U. Alabama), THE FALSE PROMISE OF GREEN ENERGY, 2011, 166167. Beyond the flaws in specific analyses like those discussed above, there are three even more serious problems with the green energy proponents' vision of our transportation future. First, it rests on unrealistic assumptions about the ease of changing our transportation infrastructure. The United States has an extensive infrastructure of pipelines, storage tanks, and refineries dedicated to providing gasoline and diesel to cars and trucks. This infrastructure produces large network effects that will be hard to duplicate for any new technology, making it likely that gasoline and diesel engines will continue to dominate transportation well into the future. Some vehicles, like centrally dispatched delivery fleets, can adopt a new fuel technology relatively easily because they return to a central refueling station regularly. Transportation infrastructure includes bicycles Rails-to-Trails Conservancy, BACKGROUND, 2007. Retrieved Mar. 8, 2011 from https://secure2.convio.net/rtt/site/Advocacy?page=UserActionInactive&id=121. Sen. [Patty] Murray noted that "bike paths and walkways provide an alternative to cars and help make our communities more healthy and more like neighborhoods." By standing up for bike paths, she played a role in ensuring continued funding for bike paths and trails in our nation's transportation infrastructure. 111 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 112 of 124 Infrastructure Topic Transportation Infrastructure – Limited Definitions Transportation infrastructure includes a limited list of items Economic Development Research Group, FAILURE TO ACT: THE ECONOMIC IMPACT OF CURRENT INVESTMENT TRENDS IN SURFACE TRANSPORTATION INFRASTRUCTURE, 2011, 3. The nation’s surface transportation infrastructure includes the critical highways, bridges, railroads, and transit systems that enable people and goods to access the markets, services, and inputs of production essential to America’s economic vitality. Transportation infrastructure term defined Nathan Musick, (Economist, Congressional Budget Office), PUBLIC SPENDING ON TRANSPORTATION AND WATER INFRASTRUCTURE, 2010, 2. For the purposes of CBO's analysis, "transportation infrastructure" includes the systems and facilities that support the following types of activities: Vehicular transportation: highways, roads, bridges, and tunnels; Mass transit: subways, buses, and commuter rail; Rail transport: primarily the intercity passenger service provided by Amtrak; Civil aviation: airport terminals, runways, and taxiways, and facilities and navigational equipment for air traffic control; and Water transportation: waterways, ports, vessels, and navigational systems. 112 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 113 of 124 Infrastructure Topic Transportation Infrastructure – Stuff Excluded Transportation infrastructure does not include cars AmosWeb, A PEDESTRIAN’S GUIDE TO THE ECONOMY, Dec. 6, 2011. Retrieved Mar. 8, 2012 from http://www.amosweb.com/cgi-bin/awb_nav.pl?s=pdg&c=dsp&k=47. We usually think about transportation in terms of vehicles -- like cars, trucks, trains, airplanes, and boats. Vehicles, however, are only part of any transportation system. You usually need depots, roadbeds, and other such capital goods that we refer to as infrastructure. Cars need streets and highways, trains need tracks, airplanes need airports, and boats need docks and ports. Transportation infrastructure is distinguished from communication and utility infrastructures International Economic Development Council, INFRASTRUCTURE, 2011. Retrieved Mar. 8, 2012 from http://www.iedconline.org/?p=Guide_Infrastructure. Transportation infrastructure includes: Roads; Light transit rail networks, inter city, state passenger railways; Airports; Waterways and ports; Bus services. Communication infrastructure includes: Copper wire for telecommunications, installed by telecommunications companies; High bandwidth and fiber optic cable capable of carrying voice, data and video streams; Satellite communications and microwave antenna; Mobile phone networks; Local area networks (LAN). Utility infrastructure includes: Electric power; Water and sewage treatment; Natural gas lines. Transportation infrastructure is distinguished from energy infrastructures Chapman and Cutler, LLP, (Attorneys at Law), THE AMERICAN JOBS ACT AND ITS IMPACT ON A NATIONAL INFRASTRUCTURE BANK, 2011. Retrieved Mar. 8, 2011 from http://www.chapman.com/media/news/media.1081.pdf. Transportation Infrastructure includes the construction, alteration, or repair, including the facilitation of intermodal transit, of the following subsectors: Highways or roads; Bridges; Mass transit; Inland waterways; Commercial ports; Airports; Air traffic control systems; Passenger rail, including high-speed rail; Freight rail systems. Water Infrastructure: includes the construction, consolidation, alteration, or repair of the following subsectors: Wastewater treatment facilities; Storm water management systems; Dams; Solid waste disposal facilities; Drinking water treatment facilities; Levees; Open space management systems. Energy Infrastructure: includes the construction, consolidation, alteration, or repair of the following subsectors: Pollution reduced energy generation; Transmission and distribution; Storage; Energy efficiency enhancements for public and commercial buildings. 113 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 114 of 124 Infrastructure Topic Transportation Infrastructure – Excludes Electrical Grid Transportation infrastructure does NOT include the electrical grid Alex Tabarrok, (Prof., Economics, George Mason University), INFRASTRUCTURE: ROADS AND THE SMART GRID, Dec. 9, 2008. Retrieved Mar. 7, 2012 from http://marginalrevolution.com/marginalrevolution/2008/12/infrastructure.html. Even more valuable than transportation infrastructure would be greater investment in electricity infrastructure, a smart grid. Consider that in 2003 a massive, widespread, power outage threw 50 million people in the Northeastern states and Ontario, Canada out of power – disrupting lives and the economy. 114 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 115 of 124 Infrastructure Topic ***Infrastructure Investment*** 115 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 116 of 124 Infrastructure Topic Infrastructure Investment Types Types of federal infrastructure investment support Peter Orszag, Director-Congressional Budget Office, 2008, House Hearing: Financing Infrastructure Investments, May 8, p. 26 If the Congress were to decide that there is justification for building additional infrastructure, it could choose to increase federal spending (although such increases might not translate dollar for dollar into increased total spending if state governments or other funds decided in response to redirect some of their own spending away from infrastructure.) Increases in federal support for infrastructure could come from any combination of increased receipts, reduced spending elsewhere, and higher deficits. However, most such findings currently comes either from dedicated receipts or through tax expenditures. Multiple options for federal infrastructure investment Patricia A. Dalton, Managing Director-Physical Infrastructure Team, GAO, 2008, House Hearing: Financing Infrastructure Investments, May 8, p. 53 Various options are available to fund infrastructure investments. These options include altering existing or introducing new funding approaches, employing various financing mechanisms, such as bonds and loans. For example, a variety of taxes and user fees, such as tolling, can be used to fund infrastructure projects. In addition, some have suggested including an infrastructure component in a future economic stimulus bill, which could provide a one-time infusion of funds for infrastructure projects. Each of these options has different merits and challenges, and choosing among them is likely to involve trade-offs among different policy goals. Furthermore, the suitability of the various options depends on the level of federal involvement or control that policymakers desire. However, as GAO has reported, when infrastructure investment decisions are made based on evaluation of these options can lead to an appropriate blend of public and private funds match public and private costs and benefits. To help policymakers make explicit decisions about how much overall federal spending should be devoted to investment, GAO has previously proposed establishing an investment component within the unified budget. Tax credits are energy infrastructure investment Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf The tax code also includes tax credits aimed at boosting energy infrastructure investment—$16 billion worth in 2010 alone. The most robust of the tax credits aimed at electricity generation are the energy production tax credit, which in 2010 cost the Treasury $1.5 billion in foregone revenue, and the investment tax credit, which cost $130 million.61 116 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 117 of 124 Infrastructure Topic Infrastructure Investment -Loans, Grants, Subsidies Loans, grants, federal subsidies, and the estimated loss of tax revenues from tax credits constitute federal investment in infrastructure Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf The federal investment in infrastructure is the sum total of appropriations of grants, the federal credit subsidies of loans, and estimated lost revenues from tax expenditures intended to stimulate infrastructure investment. Across all federal programs and vehicles, the government invested just more than $92 billion in infrastructure improvements in 2010. Loans and loan guarantees are federal investment Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf The federal government has been making loans and loan guarantees for transportation infrastructure projects for nearly a decade with negligible defaults. The exception that proves the rule: One of the earliest TIFIA loans made in 2003 was a $172 million loan to a private company to finance the expansion and tolling of a nine-mile stretch of the South Bay Expressway in California. The loan went into default in 2010. While the company was able to cover operating expenses, toll revenues could not generate enough funds to pay back investors. The federal government was identified as a primary creditor, as were the large bank investors who backed the project. The bankruptcy court’s restructuring of the debt reduced the TIFIA loan repayment to $99 million in debt and $6 million in equity ownership of the company. The upshot: Debt and equity payments to repay this one failed investment are reliable under the restructured financial structure. 117 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 118 of 124 Infrastructure Topic Infrastructure Investment- Federal Spending Federal spending and loans are investment Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf Our plan recommends that current federal requirements for state matching funds prescribed by the federal transportation and water infrastructure programs accompany new federal investments.9 If this is the case, then the federal government will need to increase its direct spending on infrastructure by $48 billion a year, which will trigger $11 billion in new state matching investments. On top of direct federal expenditures, this plan proposes approximately $10 billion in new federal loan authority annually. (The cost of the credit subsidies to support these loans is included in the proposed $48 billion increase in federal investment.) This increase is federal investment represents a 52 percent increase over the approximately $92 billion in FY 2010 federal appropriations for capital infrastructure investments distributed as grants, credit subsidies, and tax expenditures for infrastructure. Federal funding is investment in infrastructure Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf The current on-again, off-again spigot of infrastructure funding undermines efficiency and contributes to the erosion of our assets. Congress must enact a multiyear set of funding bills for all elements of our infrastructure with reliable and ongoing sources of money for investment to remedy this serious defect in our national infrastructure spending programs. To successfully bring our infrastructure up to par with levels of investment, we propose more than just increasing the level of annual funding available for investment. Direct grants are infrastructure investment Donna Cooper, Senior Fellow with the Economic Policy Team at the Center for American Progress. Her portfolio of policy work includes federal infrastructure policy. Before coming to CAP in 2010, she served for eight years as the secretary of policy and planning for the Commonwealth of Pennsylvania, February 2012, Meeting the Infrastructure Imperative: An Affordable Plan for Putting Americans Back to Work, http://www.americanprogress.org/issues/2012/02/pdf/infrastructure.pdf Most federal infrastructure investments are made as direct grants. In sum, CAP’s analysis finds that approximately $82 billion in federal infrastructure grants flow to states according to a variety of formulas that vary in efficacy. (see Chart 1 on page 20) Congress wisely ended the practice of loading up federal transportation authorization bills with earmarks in 2010. As a result, most of the federal infrastructure funds are allocated to states based on formulas or are distributed as competitive grants. In some cases, grant formulas do a good job of directing funds to where they are most needed. But most are either outdated or inappropriate for ensuring wise expenditures of federal funds. 118 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 119 of 124 Infrastructure Topic Increased Efficiency Doesn’t Increase Investment Increasing efficiency does not necessarily increase revenue for investment Transportation Research Board, 2006, The Fuel Tax and Alternatives for Transportation Funding, p. 2 The committee did not estimate how much governments should spend on transportation and did not interpret its task as devising revenue mechanisms to support an increased level of spending. There is no certainty that finance reform in the direction of improving the efficiency of transportation would increase revenues. A reformed finance system would remain subject to many of the external political and economic constraints that limit the revenue potential of the present system. However, reform would help transportation agencies to manage capacity and too target investment to projects with the greatest benefit to the public. Each dollar spent would be more effective and services would improve, and it is conceivable that the public would be willing to pay more for transportation programs that worked better. 119 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 120 of 124 Infrastructure Topic ***In*** In means within the limits of Merriam Webster Online Dictionary, 2006, p. http://www.m-w.com/cgibin/dictionary?book=Dictionary&va=in (PDNS3565) Main Entry: 1in Pronunciation: 'in, &n, &n Function: preposition Etymology: Middle English, from Old English; akin to Old High German in in, Latin in, Greek en 1 a -- used as a function word to indicate inclusion, location, or position within limits <in the lake> <wounded in the leg> <in the summer> In -- means throughout Words and Phrases, 1959, p. 546 (PDNS3566) In the Act of 1861 providing that justices of the peace shall have jurisdiction “in” their respective counties to hear and determine all complaints, the word “in” should be construed to mean “throughout” such counties. Reynolds v. Larkin, 14, p. 114, 117, 10 Colo. 126. 120 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 121 of 124 Infrastructure Topic ***PPPs Good*** 121 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 122 of 124 Infrastructure Topic Its: PPPs are Owned by the Government Government still owns the infrastructure in a ppp R. Richard Geddes, Associate Professor, Policy Analysis & Management-Cornell University, 2011, The Road to Renewal: Private Investment in U.S. Transportation Infrastructure, p. 26-7 Public-private partnerships range from concessions of highway rest stops to arrangements in which private partners help to design, finance, build, operate, own, and/or manage major transportation facilities. Definitions of PPPs are invariably broad. According to the Government Accountability Office, highway PPPs refer to “highway-related projects in which the public sector enters into a contract, lease, or concession agreement with a private sector firm or firms, and where the private sector provides transportation services such as designing, constructing, operating, and maintaining the facility, usually for an extended period of time.” Similarly, the US Federal Highway Administration website on PPPs states that “Public-Private Partnerships (PPPs) are contractual agreements formed between a public agency and private sector entity that allow for greater private sector participation in the delivery and financing of transportation projects.” Because that is where some of the largest benefits lie, the focus of this book is on PPPs that facilitate increased private financing of transportation projects, and where private investors assume some risks inherent in the construction and operation of transportation projects. Terminology pertaining to transportation PPPs, particularly brownfields, has created unnecessary confusion. A variety of terms have been used to describe those PPP contracts with varying degrees of accuracy, including toll concessions, leases, franchises, asset sales, and privatizations. “Asset sale” and “privatization” do not accurately describe US PPPs, since those terms imply a change in facility title and a possible loss of control by the public partner. No ownership change has taken place with respect to any US transportation PPP to date; facilities instead always remain publicly owned. A toll concession, for example, is simply a long-term lease. If a landlord owns a structure with an apartment upstairs and a storefront downstairs and leases out her storefront, this does not “privatize” or “sell” the structure. It remains owned by the landlord. Government retains ownership under ppp contracts R. Richard Geddes, Associate Professor, Policy Analysis & Management-Cornell University, 2011, The Road to Renewal: Private Investment in U.S. Transportation Infrastructure, p. 29 With the design-build-operate-maintain (DBOM) approach, parties can benefit from an integration of processes beyond that offered by the DB contract. Under a DBOM arrangement, the private partner is responsible for the design, construction, operation, and maintenance of a facility for a specific time period. Operation and maintenance functions are therefore added to the responsibilities a private partner carries in a DB contract. Payment after project completion is conditional on meeting certain performance standards, such as physical condition, traffic congestion, ride quality, and capacity. A DBOM contract allows the private partner to utilize its detailed knowledge of a particular facility’s design and construction to develop a maintenance and operating plan specific to that facility. By assigning responsibility to the private partner for project quality and performance throughout its entire lifecycle, this approach also gives the contract team an incentive to provide the best possible plan and project. If, for example, heavy vehicles are going to use a highway, then a private firm that maintains as well as builds the facility has an incentive to use more durable pavement. The government typically retains ownership and is responsible for financing the project under a DBOM contract. 122 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 123 of 124 Infrastructure Topic Dbfo contract ppp still retains government operational responsibility R. Richard Geddes, Associate Professor, Policy Analysis & Management-Cornell University, 2011, The Road to Renewal: Private Investment in U.S. Transportation Infrastructure, p. 30 A design-build-finance-operate (DBFO) contract is an extension of the DBOM approach in that the private partner assumes at least some added responsibility for financing the project and for the risks associated with that financing the project– that is, the private partner becomes responsible for the design, construction, financing, operation, maintenance, improvement, and expansion of a new facility. The partner is granted the right to actual toll revenue (or shadow toll payments; see below) for a specified time period in exchange for fulfilling those responsibilities. Although DBFO contracts vary according to the degree of private financing involved, part of the financing is usually accomplished through debt that leverages streams of toll revenue. A DBFO contract may be awarded for the upgrading or expansion of an existing facility if the necessary renovations are significant. In many cases, operational responsibility reverts to the government after a period of time. This appears to be a popular approach internationally. 123 16-Mar-16 Lakeland District Debate Lakeland Shah-Paradkar {File Name} Page 124 of 124 Infrastructure Topic No Guarantee of Increased Investment Ppps DON’T NECESSARILY INCREASE INVESTMENT RESOURCES Transportation Research Board, 2006, The Fuel Tax and Alternatives for Transportation Funding, p. 132-3 The perspective of GAO’s assessment, that private participation should be judged in terms of its ability to increase total funding for transportation, seems to parallel the perspective of the states (for example, in California’s AB 680 program described above). However, it is not evident that the choice between private and public ownership and operation of toll roads should be viewed primarily as a funding issue. Increasing private sector participation will not necessarily increase the total funds available for roads or allow accelerated road investment if the toll revenues that would attract private-sector partners and backers are available to the government acting alone. Instead, the choice to involve the private sector should be viewed as similar to other privatization decisions that governments have faced in regard to a variety of services and administrative functions with similar potential benefits and drawbacks. For example, the private sector may have costs different from those of the government, and political pressures and public expectations may affect the relative flexibility of public and private toll road operators to set prices for road use. 124 16-Mar-16